Date of Last Revision: November 6, 2024
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 Auto ModList ("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.
Your privacy is very important to us. We designed our policy to make important disclosures about how you can use Auto 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.
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.
Vehicle maintenance records and associated images are not made public nor stored on web servers with public access.
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).
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:
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:
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.
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.
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.
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.
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.
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.
The California Consumer Privacy Act of 2018, (Cal. Civ. Code §1798.100 et seq., as amended, "CCPA") gives California residents rights and control over their personal information. ModList provides this statement to those residents in accordance with requirements under the CCPA to make certain disclosures about the collection and processing of their personal information. Disclosures may be found throughout this Terms and Conditions, if not specifically in this CCPA section.
ModList does not sell your personal information, including personal information of anyone under 16 years old. Thus, these notification and opt-out requirements do not apply to ModList.
When receiving a request, ModList will verify that the individual making the request is the resident to whom the personal information subject to the request pertains. California residents may exercise their rights themselves or may use an authorized agent to make requests to disclose certain information about the processing of their personal information or to delete personal information on their behalf. If you use an authorized agent to submit a request, ModList may require that you provide us additional information demonstrating that the agent is acting on your behalf.
A. Identifiers such as a real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name may be collected and disclosed to ModList’s customers and select third parties. Refer to our Privacy Policy for Third-party disclosure information. We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice.
B. Personal information as defined in the California customer records law, such as name, contact information, education, employment, employment history and financial information. ModList does not collect employment history nor financial information. ModList reserves the right to share this collected data with its customer and select third parties. Refer to our Privacy Policy for Third-party disclosure information.
C. ModList does not collect characteristics of protected classifications under California or federal law.
D. Commercial information, such as transaction information, purchase history, financial details and payment information. ModList may collect and share with its customer transaction history, purchase history, financial details and payment information regarding transactions completed on a ModList website. ModList does not collect, process, or store credit card information.
E. ModList does not collect biometric information, such as fingerprints and voiceprints.
F. ModList collects and may share with its customer some internet or other electronic network activity information, such as browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements.
G. ModList does not collect geolocation data, such as device location. Users may choose to share their general location in their profile as text entered into the location field.
H. Sensory data. ModList does not collect sensory data including audio, electronic, visual and similar information, such as images and audio, video or call recordings created in connection with our business activities.
I. Professional or employment-related information is not collected by ModList.
J. ModList does not collect education information subject to the federal Family Educational Rights and Privacy Act (FERPA), such as student records.
K. ModList may collect information derived from other personal information about you or provided by you, which could include your preferences, interests, and other information used to personalize your experience.
1. Right to know what personal information is being collected, for what purposes and with whom it is shared
2. Right to know whether your personal information is sold or disclosed for a business purpose and to whom
California residents have the right to request from a business that sells or discloses personal information for a business purpose separate lists of the categories of personal information collected, sold or disclosed for a business purpose in the preceding 12 months, including the categories of third parties to whom the personal information was sold or disclosed for a business purpose. ModList users may request this information by email. ModList does not sell your personal information. ModList’s customer has access to data collected.
3. Right to say no to the sale of your personal information
CCPA requires businesses that sell personal information to allow residents the ability to opt out of the selling of their information.
4. Right to non-discrimination of service or price if you exercise your privacy rights
The CCPA prohibits businesses from discriminating against a California resident for exercising any of their rights under the CCPA. ModList will not discriminate against you for exercising any of your CCPA rights.
5. Right to deletion
California residents have the right to request that a business delete any of their personal information that the business collected from them, subject to the exceptions in CCPA §1798.105. Auto ModList users may request help "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 ModList may delete all their data within the app using the "Delete My Account and Data" app feature. When you delete a vehicle, mod or profile data within the app, that data is non recoverable. When you request to have your account deleted, your data is non recoverable.
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.
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.
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.
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.
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 help "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 ModList may delete all their data within the app using the "Delete My Account and Data" app feature. When you delete a vehicle, mod or profile data within the app, that data is non recoverable. When you request to have your account deleted, your data is non recoverable.
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'.
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.
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.
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.