Auto ModList (automodlist.com and Auto ModList app) Terms and Conditions

Date of Last Revision: March 23, 2018

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with Auto ModList, as well as ModList brands, products and services, which we call the “ModList Services” or "Auto ModList Services" or “Services”. By using or accessing the ModList Services, you agree to this Statement, as updated from time to time. Because ModList and Bunting Software LLC provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

Privacy

Your privacy is very important to us. We designed our policy to make important disclosures about how you can use ModList to share with others and how we collect and can use your content and information. We encourage you to read the policy, and to use it to help you make informed decisions.

Sharing Your Content and Information

You own all of the content, images, and information you post on Auto ModList, and you can control how it is shared by setting it to public. Some content that does not offer a Public/Private setting may be shared to the public on your ModList web page. Vehicle and/or mod images may be stored on a web server with public read permission, without direct links or general public knowledge of those files.

In addition: For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Auto ModList (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time.

When you publish content or information using a Public setting (for a mod or Share Cost for a mod), it means that you are allowing everyone, including people off of ModList, to access and use that information, and in some cases to associate it with you (i.e., your name and profile picture). Your vehicle ModList page is available on the Internet to anyone with the specific ModList vehicle page link. If you do not share mods, your vehicle page may still be available displaying your vehicle image. Your mod page will contain the vehicle and mod images, for mods marked as Public, that you uploaded into the app and all the text content you provided (such as the vehicle and mod descriptions) with the exception of the Private Notes.

We always appreciate your feedback or other suggestions about ModList, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety and User Commitments

We do our best to keep ModList safe, but we cannot guarantee it. We need your help to keep ModList safe, which includes the following commitments by you:

  1. You will not post offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information on ModList.
  2. You will not post license plates of vehicles you do not own or have not obtained permission from the owner.
  3. Be aware, posting of vehicle license plates may allow someone to personally identify or impersonate you or your vehicle.
  4. You will not post unauthorized commercial communications (such as spam) on ModList.
  5. You will not collect users' content or information, or otherwise access ModList, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  6. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on ModList.
  7. You will not upload viruses or other malicious code.
  8. You will not solicit login information or access an account belonging to someone else.
  9. You will not bully, intimidate, or harass any user.
  10. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  11. You will not use ModList to do anything unlawful, misleading, malicious, or discriminatory.
  12. You will not do anything that could disable, overburden, or impair the proper working or appearance of ModList, such as a denial of service attack or interference with page rendering or other ModList functionality.
  13. You will not facilitate or encourage any violations of this Statement or our policies.

Registration and Account Security

ModList users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on ModList, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use ModList for your own commercial gain, except through a paid advertiser or sponsor agreement.
  5. You will not use ModList if you are under 13.
  6. You will keep your contact information accurate and up-to-date.
  7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  8. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
  9. When posting content to Facebook from ModList, you will follow Facebook's Terms and Conditions and rules.
  10. When posting content to Instagram from ModList, you will follow Instagram's Terms and Conditions and rules.

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same. You will not post content or take any action on ModList that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on ModList if we believe that it violates this Statement or our policies. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. Contact support if you think another ModList has user has violated your privacy or rights on ModList.

Mobile and Other Devices

We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

Advertisements

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf. (This language is included pursuant to a court-approved legal settlement.) We do not give your content or information to advertisers without your consent. You understand that we may not always identify paid services and communications as such.

Special Provisions Applicable to Software

If you download or use our software, such as a stand-alone software product, an app, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

Amendments

We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services. Your continued use of the ModList Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of ModList service to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate.

Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or ModList exclusively in the U.S. District Court for Virginia or a state court located in Virginia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Virginia will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information on ModList, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on ModList and are not responsible for the content or information users transmit or share on ModList. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on ModList. We are not responsible for the conduct, whether online or offline, of any user of ModList.

WE TRY TO KEEP MODLIST UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MODLIST AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MOSLIST WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT MODLIST WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. MODLIST IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 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. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ModList, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MODLIST WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MOSLIST'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with ModList outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on ModList (such as advertising or payments). You will not use ModList if you are prohibited from receiving products, services, or software originating from the United States. The EU General Data Protection Regulation applies to Auto ModList, as it applies to all companies processing the personal data of data subjects residing in the Union, regardless of the company’s location.

Data Protection / EU General Data Protection Regulation

The Auto ModList Privacy Policy is compliant with the EU General Data Protection Regulation (GDPR). The aim of the GDPR is to protect all EU citizens from privacy and data breaches in an increasingly data-driven world. The conditions for consent have been strengthened, and Auto ModList and Bunting Software LLC provides consent in an intelligible and easily accessible terms and privacy policy, with the purpose for data processing attached to that consent. Consent shall be clear and distinguishable from other matters and provided in an intelligible and easily accessible form, using clear and plain language. It must be as easy to withdraw consent as it is to give it. Auto ModList users, regardless of country, have the rights provided by GDPR in the following sub-section paragraphs.

Breach Notification

Under the GDPR, breach notification is mandatory in all member [EU] states where a data breach is likely to “result in a risk for the rights and freedoms of individuals”. This must be done within 72 hours of first having become aware of the breach. Auto ModList, if in the role of a data processor, will also be required to notify their customers, the controllers, “without undue delay” after first becoming aware of a data breach.

Right to Access

Auto ModList provides for the right for data subjects to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, the controller shall provide a copy of the personal data, free of charge, in an electronic format. Auto ModList users may request this information by email using the support email provided on the app store page where the app was downloaded.

Right to be Forgotten

Also known as Data Erasure, the right to be forgotten entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. The conditions for erasure, as outlined in article 17 of the GDPR, include the data no longer being relevant to original purposes for processing, or a data subjects withdrawing consent. It should also be noted that this right requires controllers to compare the subjects' rights to "the public interest in the availability of the data" when considering such requests. Auto ModList users may request "to be forgotten" by contacting Auto ModList by email using the support email provided on the app store page where the app was downloaded. Users of Auto Mod list may also delete their vehicles and mods within the app.

Data Portability

GDPR requires the right for a data subject to receive the personal data concerning them, which they have previously provided in a 'commonly use and machine readable format' and have the right to transmit that data to another controller. Auto ModList users may save the automodlist web pages generated by the app as their 'commonly use and machine readable format'.

Privacy by Design

Auto ModList follows the practice of Privacy by Design. Auto ModList implements appropriate technical and organizational measures in order to meet the requirements of this Regulation and protect the rights of data subjects'. Article 23 calls for controllers to hold and process only the data absolutely necessary for the completion of its duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing. In other words, Auto ModList only collects the information needed to provide the ModList Service, and restricts access to Auto ModList to those who need it to do their job of running, developing, and supporting the Auto ModList service. Privacy is a primary consideration when adding any new data to the ModList Service.

Data Protection Officers

Per GRPR, Auto ModList has designated a Data Protection Officer (DPO). Requests for GDPR DPO contact officer contact information must be authenticated by BuntingSoftware LLC after being received in writing by email to the Auto ModList support email address.

Definitions

Other

If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Bunting Software, LLC. References to “us,” “we,” and “our” mean Bunting Software, LLC. This Statement makes up the entire agreement between the parties regarding ModList, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing ModList.