TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.

Car Culture, Inc. (formerly, Machine Age, Inc., in association with Cindy Lewis Photo) ("CAR CULTURE") maintains this web site (this "Site) as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages and use and enjoy our products, subject to the terms and conditions ("Terms and Conditions") set out below.

These Terms and Conditions apply to you as a user of this Site and the Content (as defined below) and to all parties for whom you use this Site and the Content within the scope of your employment and/or agency. You represent and warrant that you, as an employee, independent contractor or other service provider or agent, have the authority and right to bind to these Terms and Conditions all parties for whom you use this Site and the Content.

CAR CULTURE may alter, suspend, or discontinue this Site at any time for any reason, without notice or cost. This Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

Site and Content Ownership and General Use

This Site, and the information and materials which it contains or otherwise makes available (collectively, the "Content"), is the property of CAR CULTURE and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. "Car Culture," "Machine Age" and "Roadside America", and others, are registered trademarks of CAR CULTURE under applicable laws. All other product names are trademarks or registered trademarks of their respective owners.

You agree to use this Site and the Content in accordance with all applicable laws and these Terms and Conditions. You must be at least 13 years old to be eligible to use this Site and the Content, and must be at least 18 years old to be eligible to use this Site and the Content unsupervised by a parent or guardian. By using this Site, you represent and warrant that you are either at least at least 18 years old, or at least 13 years old and are under the supervision of a parent or guardian.

No part of this Site or the Content may be accessed, reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying or downloading, nor should anything contained on this Site be construed as granting, by implication, estoppel, or otherwise, any license or right to access or use this Site or the Content, through the use of framing, hacking, "scraping", "robots", deep linking, or otherwise, except, in all cases, as expressly permitted in these Terms and Conditions or with the prior written permission of CAR CULTURE, and, to the extent applicable, such third party(ies) that may own the trademarks or copyrights of material displayed on this Site. You agree to comply with rights management methods employed by CAR CULTURE and its licensors.

Licenses

CAR CULTURE offers the right to use the Content under the Comp Use License and the Negotiated Use License (each a "License, and, collectively, the "Licenses"), as described below.

Comp Use License

If you desire to use Content that CAR CULTURE makes available on or through this Site for limited comp purposes, you may do so subject to the following license terms in this section ("Comp Use License"):

"Comp Content" means the visually watermarked images you select to use from the Site for the purposes described in this Comp Use License. "Term" means the [thirty (30) day] period following the date of your download of Comp Content from the Site, unless earlier terminated by Car Culture in accordance with these Terms and Conditions.

Subject to these Terms and Conditions, Car Culture grants to you a non-transferable, revocable, non-exclusive license, without the right to sublicense, to (i) download the Comp Content and provide access to the Comp Content to others by means of the Site, (ii) use reproduce, modify, and incorporate the Comp Content into sample comprehensive layouts, and (iii) distribute in hard copy format or by means of email transmission such comprehensive layout to third parties, for the purposes described in the following paragraph, and not for any other purpose. You may make as many copies of the Comp Content as are necessary for your use of the Comp Content that is consistent with the purposes described in the following paragraph. Car Culture reserves all rights not expressly granted in this Comp Use License. At the end of the Term, you must immediately cease all use of the Comp Content and delete, destroy or return to Car Culture all Comp Content and copies of Comp Content.

This Comp Use License permits you to use the Comp Content solely in a draft format to create a comprehensive layout so that you may obtain design approval of such comprehensive layout from your employer, principal, client and/or colleagues. If you desire to use the Comp Content for any other purpose, including in any final materials, you must obtain a Negotiated Use License from Car Culture.

You must include an approved copyright notice with your use of the Comp Content. You may use the following form of notice in direct association with the Comp Content by noting "© CAR CULTURE, INC. (year as provided by CAR CULTURE). ALL RIGHTS RESERVED." adjacent to or within each image of Comp Content you use and in text size no smaller than the related text. If you prefer to show copyright protection of the comprehensive layout in which the Comp Content is used, then you may use the following form: © [Your Name] (year of Comp use). ALL RIGHTS RESERVED." Within fifteen (15) days after the request of Car Culture, you agree to provide to Car Culture at no charge one copy of the comprehensive layout in which the Comp Content was used or will be used.

You are prohibited from using the Comp Content: (i) in any materials distributed to third parties, other than as expressly permitted in this Comp Use License, or in any final materials distributed internally or to third parties; (ii) to create derivative works of the Comp Content except as part of a comprehensive layout, as permitted in this Comp Use License; (iii) in any way that materially changes, alters or distorts the Comp Content; (iv) in any manner that does not comply with applicable laws; (v) in any pornographic or obscene material, whether directly, in context, or in contrast; (vi) in any way that infringes the intellectual property rights or violates the proprietary rights of a third party; or (vii) in any manner competitive with Car Culture. You may not store, display or distribute the Comp Content or otherwise allow the Comp Content to be stored, displayed or distributed by others by means of any online or electronic database, content sharing network, distribution system or the like, except as expressly provided in this Comp Use License

Negotiated Use License

If you desire to obtain additional rights from CAR CULTURE for Content that CAR CULTURE makes available on or through this Site, you may do so subject to the following license terms:

Negotiated Use License

Registration and Accounts

You may use this Site and obtain a Comp Use License without registration, but you must register with CAR CULTURE to establish an account necessary to purchase a Negotiated Use License. CAR CULTURE reserves the right to decline registration and the establishment of an account to anyone in its absolute and sole discretion. You agree that you are liable for all use of your account.

Privacy

Please see the CAR CULTURE Privacy Policy for CAR CULTURE policies regarding its use of your personal information. The Privacy Policy is incorporated in these Terms and Conditions by reference.

Indemnification

By using this Site, you agree to indemnify, hold harmless and defend CAR CULTURE from all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from claims by third parties that are based on your use of this Site and/or the Content in violation of these Terms and Conditions.

Accuracy of Content and Future Modifications to this Site

The information on this Site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. CAR CULTURE reserves the right to make changes to Content, including, without limitation, product specifications or descriptions, or other information or aspects of this Site without obligation to notify any person of such changes. CAR CULTURE periodically adds, removes, modifies or updates the Content on this Site without notice.

No Representations or Warranties

EXCEPT AS EXPRESSLY SET FORTH IN A NEGOTIATED USE LICENSE YOU OBTAIN FROM CAR CULTURE, ALL CONTENT, INCLUDING CONTENT SPECIFICATIONS, PROVIDED ON THIS SITE ARE PROVIDED "AS IS". SPECIFICALLY, BUT WITHOUT LIMITATION, CAR CULTURE MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CAR CULTURE DOES NOT REPRESENT OR WARRANT THAT: (i) THE CONTENT ON THIS SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE ; (ii) CAR CULTURE HAS RIGHTS WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, DESIGNS OR THE SUBJECT MATTER OF THIRD PARTIES DEPICTED IN ANY CONTENT, (iii) CAR CULTURE HAS MODEL RELEASES, LOCATION RELEASES, VEHICLE RELEASES OR OTHER RELEASES WITH RESPECT TO THE CONTENT EXCEPT TO THE EXTENT EXPRESSLY SPECIFIED BY CAR CULTURE IN WRITING ON THE SITE, (iv) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (v) DEFECTS WILL BE CORRECTED, OR (vi) THIS SITE OR THE SERVER(S) THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

It is your responsibility, independent of CAR CULTURE, to determine whether any information downloaded or otherwise made available from this Site is free from viruses, worms, trojan horses, or other items of a potentially destructive nature.

It is also your responsibility, independent of CAR CULTURE, to determine whether your use of the Content requires the consent of any third party or the acquisition of additional license rights.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CAR CULTURE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, EVEN IF CAR CULTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CAR CULTURE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE AND THE CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID, IF ANY, TO CAR CULTURE FOR THE APPLICABLE LICENSE TO CONTENT, OR, IF APPLICABLE, THE MINIMUM AMOUNT ALLOWABLE UNDER APPLICABLE LAW.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by CAR CULTURE of that third party or of any product or service provided by a third party.

Jurisdictional Issues

CAR CULTURE makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Enforcement of Terms and Conditions

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of California, United States, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Los Angeles, California, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, CAR CULTURE shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Central District of California or any other court of competent jurisdiction.

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. CAR CULTURE may, in its sole and absolute discretion and without notice, revise these Terms and Conditions at any time by updating this posting.

Entire Agreement

These Terms and Conditions, the License Terms and any and all related Invoices (as defined in the Negotiated Use License), as applicable, are the entire Agreement between the parties relating to the subject matter herein, and shall not be modified except in writing signed by both parties or, with respect to current or future Site and Content use, by a new posting by CAR CULTURE, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please contact CAR CULTURE at: sales@carculture.com.