Our Terms and Conditions
Welcome to Carhoots! Carhoots is an online social car review and marketplace for car buyers and sellers. Carhoots lets users search for car reviews from real people, taken from social networks such as Facebook, Twitter, YouTube and more, whilst also providing a service to car sellers to advertise their car using their social network account and car buyers to make an enquiry about a car for sale.
The Carhoots Service is provided by Carhoots Corp. but we will refer to our company and Service as “Carhoots” in this document. Like all online services, we need to have a Terms of Service (“Terms”). We encourage you to read these Terms carefully, and email us at info@carhoots.com if you have any questions. By accessing or using the Carhoots Service, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service (“Users”).
Sharing Your Content
1. Your content. Carhoots allows you to post content, including comments and photos on the Service in the form of a car ad, using connected third party social network accounts such as but not limited to Facebook and Twitter. We also work with the API’s of social network sites such as but not limited to Facebook, Twitter and Youtube to aggregate and display user content “Hoots” on the “Hootboard”. Users of the service can also interact and comment on “Hoots”. Anything that you post, display, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as “User Content.” You retain all of your rights in all of the User Content you post to our Service.
2. How Carhoots and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute your User Content on Carhoots for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict Carhoots rights under separate licenses to User Content. Please remember that the Carhoots Service is a public platform, and that other Users may search for, see, and/or use any User Content that you make publicly available through the Service.
3. How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from your account or your boards, Carhoots may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Carhoots and other Users may retain and continue to display, reproduce, and distribute any of your User Content that other Users have added to their own hootboards or which you have posted to public or semi-public areas of the Service.
4.Your responsibility for your content:
a) To Carhoots and our community. Carhoots provides a unique, fun and helpful place for you to discover car reviews. To keep it that way, we ask that you review and agree to abide by our Carhoots house rules. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms.
b) To third parties. Carhoots values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service.
c) Definition of Intellectual Property Rights. When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
d) Feedback you provide: We value hearing from our Users, and are always interested in learning about ways we can make Carhoots a more enjoyable experience. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”).
Carhoots Content
1. Carhoots Content. Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“Carhoots Content”) are the property of Carhoots. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Carhoots Content without our permission.
2. Our license to you. Subject to the terms and conditions of these Terms we grant you a license to use the Service, including accessing and viewing Carhoots Content, for your personal, noncommercial use to allow you to express yourself, engage in discussions, provide research resources , and as expressly permitted by the features of the Service. Carhoots may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Carhoots reserves all other rights and no other rights are granted by implication or otherwise.
Copyright Policy
Carhoots respects the intellectual property of others, and we ask our users to do the same. Carhoots has no responsibility for content on other websites that you may find or access when using Carhoots products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United Kingdom and/or other countries. The terms of use of those websites, and not the Carhoots Terms of Use, govern your use of that material. It is Carhoots policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Carhoots and/or others.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Carhoots with the following information:
1. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Carhoots site, with enough detail that we may find it on the website (in most circumstances, we will need a URL);
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
For Notice of claims of copyright or other intellectual property infringement, Carhoots can be reached as follows:
By mail
Copyright Agent
c/o Carhoots Corp. ltd
8 Woodside Place
Glasgow,
G3 7UL
By phone
t. +44 (0)141 (0)141 353 1277
By email
info@carhoots.com
Using Carhoots
1. Who can use Carhoots. You may use the Service only if you can form a binding contract with Carhoots, and only in compliance with these Terms and all applicable local, regional, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the Carhoots community, the Service is not available to any Users previously removed from the Service by Carhoots.
2. Carhoots accounts. Creating an account with Carhoots provides you with a better experience of the service in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to Carhoots with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy. You agree not to use user names that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name at any time and for any reason in our sole discretion.
3. Terminating your account. You may close your account at any time by sending an email to info@carhoots.com. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of any of these Terms, or for no reason.
4. Your responsibility for your account. When you create your Carhoots account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify Carhoots of any compromise of your credentials you become aware of and any unauthorised use of your account.
5. Changes to the Service. We’re always innovating and we strive to continually grow with our users in order to provide them with the best car buying experience possible. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
6. Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Carhoots will have no liability for your interactions with other Users, or for any User’s action or inaction or any transaction that takes place between two parties after being introduced by our service.
Privacy and Security
We care about the privacy and security of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in the United Kingdom. While we work to protect the security of your content and account, Carhoots cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
Third-party Links, Sites and Services
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Carhoots. Carhoots does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that Carhoots will have no liability arising from your use of or access to any third-party website, service, or content.
Mobile Software
1. Our Mobile Software. We make available the Mobile Software to access the Service via a mobile device. To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Carhoots does not warrant that the Mobile Software will be compatible with your mobile device. Carhoots grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Carhoots may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party end user license agreement, if any, authorising use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Carhoots or its third party licensors or suppliers retain all right, title, and interest in and to the Mobile Software (and any copy of the Mobile Software). You agree to comply with all United Kingdom and foreign laws related to use of the Mobile Software and the Service. Standard carrier data charges may apply to your use of the Mobile Software.
2. Mobile Software from iTunes. The following also applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Carhoots, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Carhoots as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Carhoots as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Carhoots not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Carhoots acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
Indemnity
You agree to indemnify and hold harmless Carhoots and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or Carhoots Content, (ii) your User Content, or (iii) your breach of any of these Terms.
Disclaimers
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CARHOOTS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Carhoots takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, CARHOOTS CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER CARHOOTS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, CARHOOTS CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARHOOTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL CARHOOTS AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR CARHOOTS CONTENT EXCEED ONE HUNDRED POUNDS (£100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CARHOOTS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United Kingdom. Carhoots makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, regional, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Kingdom.
Arbitration and Governing Law:
For any dispute you have with Carhoots, you agree to first contact us at info@carhoots.com and attempt to resolve the dispute with informally between senior executives of the parties, who have authority to settle the same. In the unlikely event that Carhoots is not able to resolve the dispute informally by negotiation within 30 days of receipt of a written 'invitation to negotiate', the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Deputy President, for the time being, of the Chartered Institute of Arbitrators.
If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon givng written notice to other parties, apply to the President or the Deputy President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary.
Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
General Terms
1. Notification Procedures and changes to these Terms. Carhoots may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by Carhoots in our sole discretion. Carhoots reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. Carhoots may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. Carhoots is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Carhoots without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
3. Export Control. Any software or technology obtained from Carhoots through the Service, including the Mobile Software, originates in the United Kingdom, and is subject to United Kingdom export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United Kingdom. In addition, software and technology obtained from Carhoots may be subject to the import and export laws of other countries. It is your responsibility to comply with all UK. and foreign export and import laws and regulations.
4. Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Carhoots in connection with the Service, shall constitute the entire agreement between you and Carhoots concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
5. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Carhoots failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
6. Contact. Please contact us at info@carhoots.com with any questions regarding these Terms.