Last updated: 11/17/2008
Posting and Transmitting Content with EyeOnTrucking.com
EyeOnTrucking.com consists of a mix of digital media and written content provided by our users and our partners (together, the "Content"). You are responsible for all Content that you post on or transmit through EyeOnTrucking.com. The following Content is prohibited:
We examine EyeOnTrucking.com' Content on a regular basis, and we maintain the absolute right (though not the obligation) to remove any Content that does not meet the standards listed above. We also reserve the right to terminate your access to EyeOnTrucking.com if you fail to abide by these Terms.
We are not responsible for the loss, deletion, failure to store, misdelivery or untimely delivery of any Content submitted to or transmitted through EyeOnTrucking.com.
By utilizing EyeOnTrucking.com you agree to indemnify, defend and hold OOIDA and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by OOIDA as a result of Content you submit or transmit through EyeOnTrucking.com in violation of these Terms. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any Content you post or transmit through EyeOnTrucking.com or the services we provide.
Grant of License
When you post or transmit Content on or through EyeOnTrucking.com you grant EyeOnTrucking.com, its parent company OOIDA, their affiliates and partners a nonexclusive, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, create derivative works of and publicly perform that Content on and through each of the services provided by EyeOnTrucking.com. Your videos, photos and other content are your property and will only be used by EyeOnTrucking.com in the same way they have always been unless you give us permission to do something else with them. The changes to the Terms reflect the change in ownership, not a change in use of your content. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed. You may remove Content you have posted on or through EyeOnTrucking.com at any time. When you do remove your Content, this license will automatically expire.
Use of EyeOnTrucking.com and the EyeOnTrucking.com Content
All of the Content available through EyeOnTrucking.com is protected by our copyrights and the copyrights of our partners and/or users. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of this Content, in whole or in part, outside of the specific usage rights granted to you by EyeOnTrucking.com as part of the services we provide.
You may not use EyeOnTrucking.com in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may only access EyeOnTrucking.com and the Content through the interfaces provided by EyeOnTrucking.com.
You understand that by using EyeOnTrucking.com, you may be exposed to Content that you find offensive or objectionable.
We maintain the right to do any of the following any time, with or without prior notice:
Limits on our Responsibilities
We cannot guarantee the accuracy, security or quality of Content posted on or transmitted through EyeOnTrucking.com.
Under no circumstances will we be liable for any loss, harm, error or omission that may result from the use of EyeOnTrucking.com or the services we provide or for any service failure or interruption, regardless of the cause.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY VIDEO, DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT.
NEITHER WE NOR OUR AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD US AND OUR AFFILIATES AND PARTIES WITH WHOM WE HAVE CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE HARMLESS FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
EyeOnTrucking.com membership is available to anyone 18 years of age or older who truthfully and accurately provides all required information (including a legitimate email address) and obtains a unique EyeOnTrucking.com Username and Password. EyeOnTrucking.com is not intended as a service for children and therefore persons under the age of 18 may not become a member.
We utilize email to communicate with our users about service-related matters.
EyeOnTrucking.com is an advertising supported Internet site. By becoming a EyeOnTrucking.com member you consent to having your Content co-mingled with advertisements that appear on our site or are incorporated into the services we provide.
EyeOnTrucking.com provides access and contains links to third party Internet sites and services that we believe may be of interest or benefit to our users. Your use of those sites and services is subject to the terms and conditions set by such site or service. We have no control over these 3rd parties and we are not responsible for their activities.
If you believe that any Content shown on or transmitted through EyeOnTrucking.com violates these Terms or your copyright you can report such violation using the link that is provided on each EyeOnTrucking.com content page. In the case of a copyright violation please provide the following information:
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove both parties' Content.
In addition to free membership, EyeOnTrucking.com may offer a premium paid service which provides users with additional benefits ("EyeOnTrucking.com Premium Membership"). The following additional terms will apply to EyeOnTrucking.com Premium Memberships: