Thank you for visiting TrackWorthy.com (“TW”). Please review these Uploading Terms and Conditions (“Terms”) to better understand how you may post your Content (defined below) to TW as well as what we consider acceptable and unacceptable content, comments, captions, photographs, profile or other materials, including your name, town and country (collectively, your “Content”). It is within our complete discretion whether we use your Content on TW. By uploading your Content to TW, either directly or via social media tools such as Instagram, you acknowledge and agree that you and your Content are subject to these Terms and all applicable laws and regulations, including those regarding copyright, trademark, publicity and other intellectual property rights.
As you prepare any Content, please keep in mind that at TrackWorthy, we live by certain values that we hold dear. These values serve as the foundation for our actions while we engage with our colleagues, provide visitors from around the world with engaging content, and serve our clients and investors. We think those values – mutual respect, integrity and intellectual honesty, humility, fun, creativity and innovation – can also guide us well on TW when determining what Content to include.
The purpose of TW is to showcase engaging and exciting Content pertaining to current-production track-worthy cars (i.e. street legal sports or enthusiast cars that are also appropriate for use on a track). TrackWorthy Group Ltd. maintains a list of such cars on its website (http://trackworthy.com/trackworthy-cars/), which it updates from time to time. The purpose of TW’s user-generated submissions is to add to this Content, highlighting individual experiences with track-worthy cars and brands. If you upload your Content to TW it may become a part of the artwork that resides herein. We reserve the right, in our sole discretion, to determine which Content to include on TW. We invite you to submit Content to and view the Content posted on TW. We are truly excited to see the product of your creativity, but please keep in mind that this is a public forum and you are legally responsible for all of your Content. Furthermore, if we decide not to include your Content, please do not email us asking for an explanation as to why. There is limited space on TW and only certain pieces of Content will be included. We appreciate your participation on this site and hope you will not be disappointed if we do not include your Content.
2. Uploading Content
You must not upload any Content to TW if doing so could prejudice any legal proceedings that you are aware of and that are currently active, or if doing so would breach these Terms. You must not try to bypass any protections we have instituted for the security and operation of TW.
To be eligible for inclusion on TW, any Content you upload must be your own original work or you must own the intellectual property rights in the content. If your Content is a photograph or video, you must have taken the picture or video yourself or own the copyright in the photograph or video. You must not upload Content that you have copied from somewhere else or that otherwise infringes a copyright or any other third-party rights. If you do upload Content that infringes another’s copyright or other intellectual property rights, we may, in our sole discretion, refuse to include the Content on this TW, remove the content and/or disable and/or terminate your ability to upload Content to this TW.
Notwithstanding any other provision of these Terms, you retain any copyright you may have in the Content. By uploading material to TW, you grant us, and any third-party service providers who assist us in collection and distribution of the Content, a royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable, transferrable, worldwide license to use, copy, edit, adapt, publish, translate, display, create adaptations from, make available, communicate and distribute the Content, in whole or in part, and/or to incorporate it in other works in any form, media or technology now known or later developed, for purposes including, without limitation, advertising, marketing and promotional purposes. By uploading Content to TW, you warrant that you have the right to grant this license. To the extent permitted by law, you waive any moral rights you have in the Content, for example, your right to be identified as the author of the material, or to object to derogatory treatment.
You agree that: (i) you own the Content that you upload to TW, or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on TW does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees and any other monies owed by reason of Content you upload to TW; and (iv) you are at least eighteen (18) years old and have the legal right and capacity to agree to the Terms.
By submitting your Content to TW, you acknowledge and give your consent to TrackWorthy Group Ltd., all of its affiliates and subsidiaries, and its third-party service providers that provide Content collection and/or distribution services, that your Content, including your name and likeness if it appears in your Content, and the name and likeness of anyone else shown in your Content may be featured on TW, and be used to promote, advertise or link through to TrackWorthy products and services. If your Content includes an image of or reference to an individual, before you upload your Content you must ensure that the individual in your Content willingly consents to the possibility of appearing on TW. You should obtain the permission of any such individual to be included in your Content and appear on TW. You should send each such individual a link to TW and these Terms. It is also important that you explain to each such individual that others on the Internet may view or “share” the Content.
With the exception of automotive brands, products and logos, your Content must not identify, reference or depict any company other than us, any other company’s brands, products or services, any commercial or corporate advertising (which may include corporate logos, brand names or slogans), or any recognizable branded products or commercial artwork, except for a use that, as determined solely by us, is incidental, in the background, and/or not the focal point or primary content of your Content.
Photographic Content Quality and Style
If your Content is a photograph, please ensure it is high quality. Photographs that are grainy, blurred or otherwise difficult to discern are unlikely to be selected. We reserve the right to modify photographs in our sole discretion. Such modification may include cropping or blurring out of individuals or brands.
3. Limitations on Use of TW
Please keep in mind that you must not use TW for:
- Any commercial purpose without our prior express permission. This includes any advertising, solicitation or other promotion of your products or services.
- Any sponsorship, petition, campaign, scheme, investigation or chain message.
- Any impersonation of someone else.
Unless otherwise stated in these Terms, you must not directly or indirectly: (i) copy, download, store, make available, distribute, sell or offer to sell all or part of the Content on TW; or (ii) download or otherwise copy any Content, files or data from this site to make or populate a database or publication of any kind whatsoever.
You must not abuse our reporting or contact functionality by making malicious or false reports.
4. No inflammatory or offensive Content
Your Content must not be:
- Defamatory, false or misleading;
- Insulting, threatening or abusive;
- Obscene or of a sexual nature;
- Offensive or discriminatory in any way, including against any religions or other groups;
- Likely to cause someone alarm, anxiety or distress; or
- Likely to encourage or incite violence or hatred of any kind, including racial or religious hatred.
5. Don’t share confidential or private information
You must respect people’s privacy at all times and must not include confidential or private information in your Content or otherwise submit such information to TW. Examples of confidential or private information are details of an individual’s private life, email or physical addresses, telephone numbers or any other contact information of any person. Before posting anything to this or any other site, please keep in mind that after you post information on the internet you have no control over it.
6. No linking
You must not insert links to any websites (URLs). We are not liable or otherwise responsible for any content on a third party site or resource. If there are links to other sites or resources provided by third parties on TW, they are provided solely for your information and you access them at your own risk.
7. How we may use your Content
We may publish, review, modify or remove all or part of your Content at our sole discretion. We are not obligated to do any of the aforementioned things, and we may refrain from doing so at our sole discretion.
Some examples of what this Section allows us to do are listed below.
We may publish your Content, in whole or in part, for as long as we decide makes sense. However, in the event you change your mind and ask us to remove all or select portions of your Content, we will promptly comply with your request;
We may remove your Content at any time, either in whole or in part, even if you have not violated these Terms;
We may edit your Content as we deem appropriate.
Please note that despite our best efforts, we may not monitor, review, moderate or see all content submitted to TW before it appears; therefore, some of our actions may be corrective in nature.
8. Content removal
Removal by Us
You acknowledge that we may remove Content from TW at any time for any or no reason, without notice. Additionally, if your Content violates the letter or spirit of the Terms we may remove it (or, if assessed in advance, not publish it in the first place). If we remove Content, we will generally remove it in its entirety. Therefore, even if only one element is objectionable, the entire piece of Content will typically be removed (or not published). We may also remove an entire thread of Content or a profile, even if only one piece is inappropriate.
If your Content happens to be removed, we hope you understand that we may have done so for any number of reasons. As discussed above, we will usually remove Content that breaks these Terms. We may also remove items that are the subject of an abuse report. Sometimes Content may be removed even if it does not violate the Terms if it is connected to another piece of Content that is being removed. If we are properly notified of a complaint, we may have to remove Content to comply with various applicable laws.
Although we may not do so in every instance, we may email you to let you know that we have removed your Content. We may also notify you in the event your use of TW has been suspended or if you are prohibited from uploading any additional Content.
As discouraging as it may be to have your Content removed, you must not deliberately repost Content we have previously removed.
Removal by You
We respect your right to privacy. Therefore, if you wish to have your Content removed from TW, you may send your email address to info@TrackWorthy.com along with a request for us to remove content that you have submitted. By submitting this information, you certify that you are the owner of the Content you are requesting to be removed from TW. Please allow 3-4 business days for your Content to be removed.
9. Personal information
By uploading Content to TW, you acknowledge and agree that we may collect, store, use and publicly disclose the personal information that you include in the Content, if any.
10. LIMITATION OF LIABILITY
The information contained on TW does not constitute advice. You should perform your own research on any information contained on TW and use your own best judgment before acting or refraining from acting on the basis of what you observe.