PistonHeads Terms and Conditions of Use
January 8, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The PistonHeads.com website (the “Site”) is operated by PistonHeads Holdco Limited, c/o Legalinx Limited, 1 Fetter Lane, London EC4A 1BR, United Kingdom (“PistonHeads”), which is an indirect subsidiary of CarGurus, Inc., of 2 Canal Park, 4th Floor, Cambridge, Massachusetts 02141, USA (“CarGurus”). By using this Site, whether as a guest or a registered user, you explicitly agree to comply with and be bound by the following terms and conditions together with the documents referred to herein (“Terms and Conditions” or “Agreement”).
Your continued use of the Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to these Terms and Conditions posted on the Site constitutes reasonable and sufficient notice. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. Please review these Terms and Conditions periodically for changes.
Our Privacy Statement, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.
Ownership and Intellectual Property
Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein (“Site Content”) is owned by or licensed to PistonHeads Holdco Limited, and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2019, PistonHeads Holdco Limited, or its affiliates, all rights reserved. PistonHeads also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. PistonHeads, the PistonHeads Logo, and all other marks displayed on this site (the “Trademarks”) are registered and/or common law trademarks of PistonHeads and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of PistonHeads or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity of PistonHeads’ (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other PistonHeads’ intellectual property, or assist any third party in doing so.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobiles and automotive related services or other content, messages, materials or other items on the Site (“Interactive Areas”). If PistonHeads provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. All statements, information and other content submitted by users are solely the opinions of users, and not of PistonHeads.
By using any Interactive Areas, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site any of the following:
- Any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content (“Content”) that is unlawful, untrue, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, the Canadian Securities Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, the NASDAQ Stock Market or the Toronto Stock Exchange;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (including rights of privacy and publicity);
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of PistonHeads, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose PistonHeads or its affiliates or its users to any harm or liability of any type.
You further agree that you will not attempt or do any of the following:
- Interfere with or disrupt the Site or our computer systems, servers, or networks;
- Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site; or
- Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant PistonHeads and its affiliates and sublicensees a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sublicensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant PistonHeads and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant PistonHeads the right to pursue at law any person or entity that violates your or PistonHeads’ rights in the Content or breaches of these Terms and Conditions.
PistonHeads takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is PistonHeads liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, PistonHeads is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any Interactive Area. Although PistonHeads has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, PistonHeads reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect PistonHeads’ systems and customers, or to ensure the integrity and operation of PistonHeads business and systems, PistonHeads may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
PistonHeads’ right to use and disclose any such personal information shared by or collected from you, as applicable, shall be pursuant to the terms of PistonHeads’ Privacy Statement . Please see PistonHeads’ Privacy Statement for the terms of PistonHeads’ personal data collection and use practices with respect to the Site. By using this Site, you consent to PistonHeads’ collection and use of personal data as set forth in PistonHeads’ Privacy Statement including the transfer of your personal information to the United States where data protection laws may be of a lower standard compared to similar laws in your country of residence if outside the United States.
Notice and Takedown
In making Content available online PistonHeads acts in good faith. Despite safeguards, we recognise that from time to time material published online may be in breach of copyright laws, contain sensitive personal data, or include content that may be regarded as obscene or defamatory.If you are concerned that you have found material on our Site, for which you have not given permission, contravenes privacy laws, is obscene / defamatory, and in terms of copyright law is not covered by a limitation or exception, please contact us at email@example.com in writing stating the following:
- Your contact details.
- The full details of the material.
- The exact and full URL where you found the material.
- The reason for your request including but not limited to copyright law, privacy laws, data protection, obscenity, defamation etc.
Please also refer to the Digital Millennium Copyright Act section below for more information on copyright reporting.
Rights to User Content
Content submitted by users will be considered non-confidential and PistonHeads is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, PistonHeads reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. PistonHeads is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to PistonHeads. PistonHeads shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by PistonHeads or its licensees or sublicensees, successors and assigns; (c) you forever irrevocably waive in favor of PistonHeads and its successors, assigns, officers, employees, affiliates, agents and sublicensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release PistonHeads, and its licensees, successors and assigns, from any claims that you could otherwise assert against PistonHeads by virtue of any such moral rights.
Use of PistonHeads Listings Service
The information on vehicles provided in this service and on the Site is supplied by the seller or other third parties; PistonHeads is not responsible for the accuracy of such information. PistonHeads provides this service and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. PistonHeads is not a party to any transaction between vehicle buyers and sellers that originates from information found on the Site. Prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.
Grant of License; Use of The Site
PistonHeads grants to you a personal, revocable, nonexclusive, non-transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked “© 2019 PistonHeads Holdco Limited, All Rights Reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by PistonHeads; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror, frame, “deep link,” “scrape,” data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of PistonHeads. To request permission, you may contact PistonHeads as follows:
- By electronic mail to: firstname.lastname@example.org
- Or by regular mail to: Editor, PistonHeads Holdco Limited ,c/o Legalinx Limited, 1 Fetter Lane, London, EC4A 1BR, United Kingdom
You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by PistonHeads with or of you or any third-party entity, person, product or service unless express written permission has been given by PistonHeads in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
PistonHeads Holdco Limited makes no condition, representation or warranty of any kind regarding the suitability of the site content, or any portion thereof, for any purpose. The site, all site content, and all other content available on or through the site are provided on an “As is,” “as available” basis, and PistonHeads Holdco Limited expressly disclaims any and all conditions, representations and warranties of merchantability or fitness for particular use, including all implied warranties in connection with the foregoing unless in cases of proven gross negligence or intent by PistonHeads Holdco Limited. PistonHeads holdco limited also expressly disclaims any condition, warranty or representation as to the accuracy, results, timeliness, completeness, non-infringement, or proprietary character of the site, all site content, and all other content available on or through the site to the maximum permitted by applicable laws. PistonHeads Holdco Limited does not guarantee that the site will be error free, or continuously available, or that the site will be free of viruses or other harmful components. You waive and covenant not to assert any claims or allegations of any nature whatsoever arising from or relating to your use of the site, including, without limitation, all claims and allegations relating to the alleged infringement of proprietary rights, the alleged inaccuracy of site content, your inability to access the site at any given time, or allegations that PistonHeads Holdco Limited has or should indemnify, defend, or hold you harmless from any claim or allegation arising from your use or other exploitation of the site. You use the site at your own risk and neither PistonHeads Holdco Limited, its affiliates and sublicensee nor the parties who provide information and material for publication within the site content shall be liable for any damages of any sort arising from your use of or inability to use the site or any product or service linked to or from or advertised or promoted on the site, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business, and loss of data) unless in cases of proven gross negligence or intent by PistonHeads Holdco Limited, even if we are advised beforehand of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. To the extent permitted by law, PistonHeads Holdco Limited also disclaims liability for any direct damages based on your access or use of the site and the site content. You agree to indemnify PistonHeads Holdco Limited and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors, and their respective successors and assigns, and hold all of the foregoing harmless, from and against any and all claims, liability and expenses, including attorneys fees, arising from or related in any way to your use of the site or any breach of these terms and conditions.
You agree to indemnify PistonHeads Holdco Limited and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors, and their respective successors and assigns, and hold all of the foregoing harmless, from and against any and all claims, liability and expenses, including attorneys fees, arising from or related in any way to your use of the site or any breach of these terms and conditions.
Links to Other Sites
Digital Millennium Copyright Act Compliance
PistonHeads complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PistonHeads to locate the material;
- Information reasonably sufficient to permit PistonHeads to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of copyright infringement claims may be reached as follows:
- Editor, PistonHeads Holdco Limited ,c/o Legalinx Limited, 1 Fetter Lane, London, EC4A 1BR, United Kingdom
Applicable Law and Jurisdiction
The Site (excluding links to third-party sites) is owned and controlled by PistonHeads Holdco Limited, which is an indirect subsidiary of CarGurus, Inc. The Site is operated by PistonHeads from its offices in and around London, United Kingdom and by CarGurus from its offices in and around Cambridge, Massachusetts. Because this Site is published on the Internet it is accessible in all fifty states of the United States, United Kingdom, and in other countries. Each of these places has laws that may differ from those of Massachusetts and from each other. You, PistonHeads, and CarGurus all benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you, PistonHeads, and CarGurus explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law principles, and any dispute shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of Massachusetts.
Injunctive Relief: Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates the “Ownership and Intellectual Property” section of the Terms and Conditions.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although PistonHeads has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, PistonHeads is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. PistonHeads shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
Modifications to the Site
PistonHeads may change, restrict access to, suspend, or discontinue any aspect of the PistonHeads.com service or the Site at any time, including availability of any feature, database, or content. PistonHeads may also impose limits on certain features and services or restrict your access to all or parts of the PistonHeads.com Site without notice or liability. PistonHeads may exclude or remove vehicle prices from the Site if PistonHeads determines, in its sole discretion, that the prices violate PistonHeads’ guidelines for pricing and marketing. PistonHeads may exclude or remove from the Site embedded contact information in images, often known as “Watermarking,” if PistonHeads determines in its sole discretion that such information is embedded with the intent of circumventing the PistonHeads lead routing process.
PistonHeads reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to PistonHeads’ attention and that PistonHeads considers unacceptable or inappropriate, whether for legal or other reasons.
You agree that we may terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms and Conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site.
This agreement may not be assigned by you without the prior written consent of PistonHeads. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. PistonHeads may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this agreement are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of PistonHeads, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.
Entire Agreement/Reservation of Rights
These Terms and Conditions and PistonHeads’ Privacy Statement represent the entire agreement between you and PistonHeads with respect to your access to or use of any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and PistonHeads with respect to same. Any rights not expressly granted under this Agreement are reserved. If any of the provisions of these Terms and Conditions are declared in part or entirely invalid or unenforceable, they shall be deemed replaced by such valid or enforceable clause(s) that reflect the closest the intentions of the parties without the rest of the Terms and Conditions being affected by it.