1. Ownership of Content
TEN websites may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks and other content (collectively referred to hereinafter as “Content”, but excluding specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. TEN makes no representations or warranties that the Content is available, appropriate or legal to access and Content may be removed at the discretion of TEN. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by TEN or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data or images from this site does not give you title or other rights to such Content.
2. Restrictions on the Use of the Site
As a condition of using this site, you agree that you will not:
Site Security Use Restrictions
TEN takes the security of this website and its other websites seriously. Therefore, in addition to the restrictions set forth above, you may not:
TEN reserves the right to investigate any violations of its system, network or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.
Copyright to all Content on the site is either owned by TEN or is licensed to TEN. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties. The use of any such material on any other website or networked computer environment is prohibited without the express written permission of TEN.
Procedures for Making Copyright Infringement Claims. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this website, please notify our designated DMCA agent immediately at: email@example.com, or by mail at TEN: A Discovery Communications Company at 831 South Douglas Street, El Segundo, CA 90245, Attention: Legal Department. DMCA Notices must be in writing and must include the following information:
4. Trademarks and Proprietary Rights Notices
All trademarks, logos, trade names or service marks (collectively the “Marks”) mentioned, used, or displayed on this site are either owned by TEN or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of TEN. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site or any other TEN website.
5. User Content
Some of our sites allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). By posting User Content on this site or any TEN website, you hereby grant TEN an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from TEN in connection with TEN’s exercise of its license rights in and to the User Content you have posted on this site or any other TEN website. You acknowledge and agree that TEN is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
TEN has no obligation to monitor this site or any portion thereof. However, TEN reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. TEN has no obligation to display or post any User Content. TEN reserves the right to disclose, at any time and from time to time, any information or User Content that TEN deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. TEN shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this site.
You must meet any age, geographic or other eligibility requirements specified at each site to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering at those sites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual site and vendor policies.
7. Online Shopping
Some TEN sites also offer e-commerce opportunities. Different sites may offer different options for visitors to purchase products or services either from TEN or from a third party (see Section 9 below concerning Third Party Sites). TEN does not guarantee that you will be satisfied with products or services purchased from us. TEN does not design, make, or manufacture products sold online, and only sells, distributes or ships products from its own online stores. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither TEN nor its vendors guarantee that all orders will be filled.
8. Payments; Billing; Subscriptions
You can find the specific details regarding your subscription at any time by logging in on the Motor Trend OnDemand website and clicking on Account under your name. You agree that your subscription is for individual use only and your subscription is limited to only one simultaneous stream at a time.
Because the Service is offered in multiple time zones, for consistency, a “day” for purposes of these TOU begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.
As used in these TOU, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each renewal date thereafter (monthly or annually as applicable) unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these TOU. To see the commencement date for your next renewal period, log in on the applicable TEN website and click on Account under your name.
TEN automatically bills your Payment Method each month or year (depending on the subscription) on the calendar day corresponding to the commencement of your subscription. As in the case with monthly subscriptions, in the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each monthly or annual period may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize TEN to charge your Payment Method for the corresponding amounts. If TEN changes the subscription fee or other charges for your subscription, TEN will give you advance notice of these changes by email. However, TEN will not be able to notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where TEN determines it is appropriate (e.g., your subscription Service is unavailable for days due to technical difficulties), TEN may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at TEN’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Once your free trial period ends, TEN will begin billing your Payment Method for the subscription fees corresponding to your subscription (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.
It is very important to understand that you will not receive a notice from TEN that your free trial has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You can cancel your subscription by logging into your TEN Account and clicking “Cancel Subscription.” TEN will continue to bill your Payment Method for your subscription until you cancel or the account or applicable service is otherwise suspended or discontinued pursuant to these TOU. You may cancel your subscription at any time as described in the Subscription and Cancellation section of these TOU. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that TEN will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.
9. Links and Third Party Sites
This Website may contain links to and from third-party sites, including but not limited to sites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand the terms, conditions, policies and requirements of that site. TEN does not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and TEN has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. TEN has no control over: (a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third parties. TEN does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from any TEN website. You acknowledge and agree that TEN has not reviewed all of the sites linked to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third party sites linked to or from this website. Your linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.
10. Community Code of Conduct
Some websites operated by TEN may offer community features, such as internal messaging systems, bulletin boards, forums, or chat rooms. We do not monitor, filter, censor, edit or regulate information and content provided by third parties on this website and other TEN websites, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice. TEN does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither TEN nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.
When participating in community areas of this website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to TEN in accordance with these TOU. In addition to complying with the restrictions set forth in Section 2 of these TOU, you further represent and warrant that you will abide by the following rules:
12. Limitation of Warranties
TEN PROVIDES THIS WEBSITE AND THE CONTENT, INFORMATION, PRODUCTS AND SERVICES ON OR THROUGH IT “AS IS”, AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. TEN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states may not allow the exclusion of implied warranties, so check local laws.
13. Limitation of Liability
TEN DOES NOT WARRANT THAT THE CONTENT OR SERVICES AT THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS LISTED, SOLD OR ADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHER TEN NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT, MATERIALS OR INFORMATION CONTAINED AT THIS SITE ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND/OR RELIABLE.
IN NO EVENT SHALL TEN OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER THE CONTENT, MATERIAL AND INFORMATION USED IN THIS SITE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE, LINKS TO OR FROM THIS SITE, INFORMATION POSTED ON OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. NEITHER TEN NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES SHALL BE LIABLE FOR ANY LOSSES YOU MIGHT SUSTAIN BY ENGAGING IN TRANSACTIONS WITH BUYERS OR SELLERS WHO YOU MEET AS A RESULT OF CLASSIFIED ADVERTISEMENTS POSTED ON ANY TEN WEBSITE. Some states do not allow the limitation of liability, so check local laws.
14. Classified Advertisements
Some of our websites provide a forum (such as classified advertisements) in which sellers and buyers may be connected. By engaging in transactions with buyers or sellers that you meet via one of our websites, you proceed solely at your own risk and you agree that TEN is not responsible for any losses that you might sustain as a result of your transactions with such buyers and sellers. You should not engage in any transaction with a person with whom you are not comfortable or whom you suspect might be engaged in improper or questionable conduct. Please be aware that TEN, through certain of its websites, merely provides a forum in which buyers and sellers can connect. Neither TEN nor its websites posting classified advertisements facilitate any transaction, insure any transaction, or act as an intermediary, broker, or escrow agent in connection with such buyer-seller transactions.
You should be very careful before you send money to any seller posting an advertisement on one of our sites. In particular, we urge you to use reputable and well known money-transfer services and on-line merchant account services (such as PayPal) in engaging in transactions with sellers of goods advertised on one of our websites. We urge you to proceed with extreme caution in using such money transfer services, and under no circumstances should you deliver cash to a money transfer service with instructions to disburse the funds to an alleged agent of TEN or the website on which the classified advertisement was posted. Again, neither TEN nor its websites posting classified advertisements act as a transaction intermediary or escrow agent, and you should not do business with any seller who directs you to work with an employee or agent of TEN or the applicable website in completing the transaction.
15. Indemnity and Hold Harmless
You agree to hold TEN and its officers, directors, employees, representatives, agents, licensors and licensees harmless from any and all claims, demands, attorneys’ fees, damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at this site, any transaction occurring through this site, the safety or quality of any goods or services purchased or sold through this site, or the truth or accuracy of any claim made about such goods or services. California residents expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”. Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or firstname.lastname@example.org of the California Department of Consumer Affairs for consumer inquiries, or you may write to the Department of Consumer Affairs at the following address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834.
16. Termination of Services
We may eliminate or terminate any Content or service posted on or made available through any of our websites without notice to you at any time in our sole discretion. Without limiting any other remedy, TEN reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the site or any area of the site, and to refuse to provide our services to you if: (i) you breach these TOU or any of the rules or eligibility requirements of this site or the services offered at this site; (ii) if we are unable to verify or authenticate any billing information you provide to us; or (iii) or if we believe that your actions may cause damage, harm or legal liability to you, or to any vendor, business or promotional partner, advertiser, other user, the public, or us. You also agree that TEN will not be liable to you for any modification, suspension, or discontinuance of services provided, although if you are a TEN subscriber to the Motor Trend OnDemand feature and TEN suspends or discontinues your subscription service, TEN may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with section regarding Subscriptions and Billing herein. However, if TEN terminates your account or suspends or discontinues your access to services due to your violation of these TOU, then you will not be eligible for any such credit, refund, discount or other consideration.
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the site, you must provide all notices or complaints to TEN via e-mail to email@example.com or mail at TEN: A Discovery Communications Company, Legal Department, 831 South Douglas Street, El Segundo, CA 90245. All notices from TEN to you will be sent to the e-mail address you provide to us. Notice shall be deemed given twenty-four (24) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. TEN reserves the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given three (3) days after the date of mailing.
TEN reserves the right, in its sole discretion, to change, modify, add, or remove portions of these TOU at any time, so please check this site or any other TEN website you use periodically for changes. Changes to these TOU shall be effective upon posting. Continued use of the site following the effective date of any changes to these TOU constitutes your acceptance of those changes.
20. General Provisions
Last Update October 09, 2017