28 August 2008

Welcome to 4x4.com services!

By using 4x4.com's products, services or web sites (collectively, “4x4.com services”), whether or not you are a registered member of 4x4.com, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the “Terms of Service”).

4x4.com services are operated by IMC SA (CH) and its subsidiaries and corporate affiliates (collectively, “4x4.com”, "us", "we" or "the Company").

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Use on our website (http://www.4x4.com/terms_of_services) and will indicate at the top of this page the date these terms were last revised. Your continued use of 4x4.com services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) 4x4.com services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF SERVICES CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. USE OF SERVICES

Eligibility

We offer 4x4.com services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

Registration Data; Security of your account

In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of 4x4.com services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify 4x4.com of any unauthorized use of your password or account or any other breach of security. 4x4.com cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

2. APPROPRIATE CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. 4x4.com reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via 4x4.com services. You understand that by using 4x4.com services you may be exposed to Content that is offensive, indecent or objectionable, and that you use 4x4.com services at your own risk. There are commercially available services and software to limit access to material that you may find objectionable.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using 4x4.com services and for any consequences thereof. You agree to use 4x4.com services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts 4x4.com services or servers or networks connected to 4x4.com services. To report any activity or Content that may violate the Terms of Service, please go to this page and fill the form : http://www.4x4.com/abuse .

In addition to this agreement, your use of some specific 4x4.com services is governed by the policies or guidelines that are presented to you when you sign up for or access those services and which are specifically incorporated into this Terms of Service.

Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.

In addition, you agree not to use the 4x4.com services to:

* harvest or collect email addresses or other contact information of other users from the 4x4.com services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
* use the 4x4.com services in any unlawful manner or in any other manner that could damage, disable, overburden or impair 4x4.com services;
* use automated scripts to collect information from or otherwise interact with the 4x4.com services;
* upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
* register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
* impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
* upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
* upload, post, transmit, share, store or otherwise make publicly available on 4x4.com services any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
* solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
* upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
* intimidate or harass another;
* upload, post, transmit, share, store or otherwise make available 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, national or international law;
* use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the 4x4.com services.
* upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying 4x4.com services, or which may expose Company or its users to any harm or liability of any type.

Without limiting any of the foregoing, you also agree to abide by our 4x4.com services Code of Conduct that provides further information regarding the authorized conduct of users on 4x4.com services.

User Disputes

You are solely responsible for your interactions with other 4x4.com services users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

3. 4X4.COM PRIVACY POLICY

For information about our data protection practices, please see our Privacy Policy at http://www.4x4.com/privacy.html. By using 4x4.com services, you acknowledge and agree that 4x4.com may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of 4x4.com, its users or the public as required or permitted by law.

You understand that the technical processing and transmission of 4x4.com services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4. PROPRIETARY RIGHTS

Trademarks

4x4.com and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

4x4.com's Software

Subject to the Terms of Service, 4x4.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to 4x4.com services. You agree not to access 4x4.com services by any means other than through the interface that is provided by 4x4.com for use in accessing 4x4.com services.

Proprietary Rights in 4x4.com services; Limited License

All content on 4x4.com services and available through on 4x4.com services, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "4x4.com Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No 4x4.com Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on 4x4.com services. Provided that you are eligible for use of 4x4.com services, you are granted a limited license to access and use 4x4.com services and the 4x4.com Content and to download or print a copy of any portion of the 4x4.com Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish 4x4.com Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the 4x4.com Content is strictly prohibited. Such license is subject to these Terms of Services and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of 4x4.com services or the 4x4.com Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Content Posted on 4x4.com services

You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through 4x4.com services, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on 4x4.com services that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review 4x4.com services and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or the 4x4.com services Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on 4x4.com services or provide to the Company.

When you post User Content to 4x4.com services, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on 4x4.com services. By posting User Content to any part of 4x4.com services, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with 4x4.com services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. 4x4.com reserves the right to syndicate Content submitted, posted or displayed by you on or through 4x4.com services and use that Content in connection with any of the services offered by 4x4.com. You may remove your User Content from 4x4.com services at any time, however you acknowledge that the Company may retain archived copies of your User Content. If you choose to remove your User Content, the license granted above will automatically expire

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about 4x4.com services ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the 4x4.com services any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on 4x4.com services infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, 4x4.com services has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to 4x4.com services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5. GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that 4x4.com has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by 4x4.com services. You acknowledge that 4x4.com has set no fixed upper limit on the number of transmissions you may send or receive through 4x4.com services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

Upon the termination of your use of 4x4.com services, including upon receipt of a certificate or other legal document confirming your death, 4x4.com will close your account access and you will no longer be able to retrieve content contained in that account.

6. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of 4x4.com services, use of 4x4.com services, or access to 4x4.com services.

You understand that except for advertising programs and commercial services offered by us on 4x4.com services, the 4x4.com services are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the 4x4.com services will be, directly or not, a way to resale 4x4.com services.

7. MODIFICATIONS TO SERVICE

4x4.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, 4x4.com services (or any part thereof) with or without notice. You agree that 4x4.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of 4x4.com services.

8. TERMINATION

You may discontinue your use of 4x4.com services at any time. You agree that 4x4.com may at any time and for any reason, including a period of account inactivity, terminate your access to 4x4.com services, terminate the Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to 4x4.com services, your account or any files or other content contained in your account.

The Company may terminate your membership, delete your profile and any content or information that you have posted on or through any 4x4.com services and/or prohibit you from using or accessing any 4x4.com services (or any portion, aspect or feature of any 4x4.com services) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

Sections 8 (Termination), 11 (Indemnity), 12 (Disclaimer of Warranties), 13 (Limitations of Liability), 14 (Exclusions and Limitations) and 17 (including choice of law, severability and statute of limitations), of the Terms of Service, shall survive expiration or termination.

9. ADVERTISEMENTS

Some 4x4.com services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by 4x4.com on its services are subject to change. You agree that 4x4.com shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on 4x4.com services.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

10. LINKS

4x4.com services contains (or you may be sent through 4x4.com services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). 4x4.com has no control over such sites and resources. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through 4x4.com services or any Third Party Applications, Software or Content posted on, available through or installed from 4x4.com services, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave 4x4.com services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from 4x4.com services or relating to any applications you use or install from 4x4.com services.

11. INDEMNITY

You agree to hold harmless and indemnify 4x4.com, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of 4x4.com services, violation of this Terms of Service or any other actions connected with use of 4x4.com services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, 4x4.com will provide you with written notice of such claim, suit or action.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF 4X4.COM SERVICES IS AT YOUR SOLE RISK. 4X4.COM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 4X4.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

4X4.COM DOES NOT WARRANT THAT (i) 4X4.COM SERVICES WILL MEET YOUR REQUIREMENTS, (ii) 4X4.COM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF 4X4.COM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH 4X4.COM SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 4X4.COM SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 4X4.COM OR THROUGH OR FROM 4X4.COM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 4X4.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 4X4.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE 4X4.COM SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM 4X4.COM SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON 4X4.COM SERVICES; OR (v) ANY OTHER MATTER RELATING TO 4X4.COM SERVICES.

14. EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 12 AND 13 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

16. NOTICE

You agree that 4x4.com may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on 4x4.com services.

17. GENERAL INFORMATION

Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and 4x4.com and govern your use of 4x4.com services, superceding any prior agreements between you and 4x4.com for the use of 4x4.com services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 4x4.com services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between you and 4x4.com shall be governed by the laws of Switzerland without regard to its conflict of law provisions. You and 4x4.com agree to submit to the personal and exclusive jurisdiction of the courts located within the Canton de Vaud, Switzerland.

Waiver and Severability of Terms. The failure of 4x4.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of 4x4.com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICES SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.