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The following describes the terms on which Chip Tuna Warehouse offers you access to our services
Introduction
Welcome to Chip Tuna Warehouse. These terms and conditions apply to the services available from the domain and sub-domains of http://www.chiptunawarehouse.com (which include, but are not limited to, http://www.engine-tuner.com and http://www.cartunawarehouse.com), and from all other Chip Tuna branded websites.
Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the "Additional terms" section below (which are accessible by click-through links and which form part of these terms and conditions), (together, the "User Agreement"). Before you can become a member of ChipTunaWarehouse, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and ChipTunaWarehouse.
This User Agreement is valid from 1 January 2008 and is effective upon acceptance for new users.
Using ChipTunaWarehouse
You may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts, or if your ChipTunaWarehouse membership has been suspended.
While using the Site, you will not:
post, list or upload content or items in inappropriate categories or areas on the Site;
breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
breach our policies, including, without limitation, listing items containing copyright belonging to a company other than your own;
manipulate the price of any item or interfere with other users listings;
circumvent or manipulate ChipTunaWarehouseÕs fee structure, the billing process, or fees owed to ChipTunaWarehouse;
post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non-ChipTunaWarehouse sites, or using it for purposes unrelated to ChipTunaWarehouse);
transfer your ChipTunaWarehouse account (including feedback) and User ID to another party without our express consent;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm ChipTunaWarehouse, or the interests or property of ChipTunaWarehouse users;
copy, modify, or distribute ChipTunaWarehouses copyrighted works or trade marks, or other content from the Site, without our express consent; or
harvest or otherwise collect information about users, including email addresses, without their express consent.
If you are registering with ChipTunaWarehouse as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on ChipTunaWarehouse, you must comply with all applicable laws relating to online trading.
We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and ChipTunaWarehouse agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
Hardware orders may take up to five working days to process, please allow for weekends and public holidays.
Abusing ChipTunaWarehouse
ChipTunaWarehouse and the ChipTunaWarehouse community work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy breaches to us.
ChipTunaWarehouses owner rights program works to ensure that listed items do not infringe upon the copyright, trade mark or other rights of third parties. If you believe that your rights have been infringed, please notify our Admin team through info@chiptunawarehouse.com and we will investigate.
Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by removing listings and other hosted content), warn the ChipTunaWarehouse community not to transact with you and/or take technical and legal steps to stop you from using the Site if:
we think that you are creating problems (including, without limitation, by harassing ChipTunaWarehouse staff or other users) or exposing us or another ChipTunaWarehouse user to financial loss or legal liabilities;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us;
We also reserve the right to cancel unconfirmed accounts.
You agree not to hold ChipTunaWarehouse responsible for any loss you may incur as a result of ChipTunaWarehouse taking any of the actions described above.
No spam
We do not tolerate spam (unsolicited commercial communications). Please set your ChipTunaWarehouse notification preferences so we communicate to you as you prefer. You may not add other ChipTunaWarehouse users, even a user who has purchased an item from you, to your mailing list (e-mail or physical mail) without their consent.
You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We filter and automatically scan e-mail messages before they are sent via our communication tools for viruses and other illegal or prohibited content but we do not permanently store such messages. If you send an e-mail to an e-mail address that is not a registered ChipTunaWarehouse e-mail address belonging to an ChipTunaWarehouse member, we do not permanently store that e-mail or use that e-mail address for any marketing purpose. We do not rent or sell these e-mail addresses.
To report spam from other ChipTunaWarehouse users, please contact info@chiptunawarehouse.com
Using information about other ChipTunaWarehouse users
Our Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each others name, User ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
ChipTunaWarehouse-transaction-related purposes that are not unsolicited commercial communications
using services offered through ChipTunaWarehouse; and
other purposes that a user expressly agrees to.
Fees
Joining ChipTunaWarehouse is free. We do charge fees for using other services, such as being a Vendor(initially this is free until June 2008), Advertising and feeÕs on sales. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site
Unless otherwise stated, all fees are payable in GB pounds sterling. Fees for sales are deducted automatically at the time of purchase. You agree that we may issue you with invoices in electronic format by e-mail.
Original files are available free, the fee is applicable to covering hosting and administration costs.
Any Original file listed is available free if media to load it on ie CDR is sent to our address and a £5 postage and packing fee is provided.
Content licence
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)
Liability
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will not hold ChipTunaWarehouse responsible for other users actions or inactions. Although ChipTunaWarehouse is often referred to as an online Vendor web site, you acknowledge that we are not a traditional site. Instead, the Site is a venue to allow tuners to offer, sell, and buy tuning files, at any time, from anywhere, in a variety of fixed price formats. At no point do we have possession of anything listed or sold through the Site other than items listed under the ChipTunaWarehouse account.
We do not review users listings and we are not party to the actual transactions between buyers and sellers. You will not hold ChipTunaWarehouse responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off ChipTunaWarehouse) or for ensuring that they actually complete transactions.
We have no control over, do not guarantee, and you will not hold us responsible for:
the quality, safety or legality of items advertised;
the truth or accuracy of listings;
the truth or accuracy of feedback or other content posted by users on the Site;
the ability of sellers to sell items;
the ability of buyers to pay for items; or
whether a buyer or seller will actually complete a transaction.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. ChipTunaWarehouse cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users purported identities or the validity of the information which they provide to us or post on the Site.
We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site.
Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £100.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to ChipTunaWarehouse by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of ChipTunaWarehouse and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes. We view protection of users privacy as a very important community principle. We store your personal information on computers located in the United States that are protected by physical as well as technological security devices. We do not process or store any of your financial information. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you object to your information being transferred or used in this way please do not use our services.
Compensation
You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.
No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
Notices
We shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided to ChipTunaWarehouse when you registered as a member of ChipTunaWarehouse. Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.
Third party rights
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
Governing law and dispute resolution
This User Agreement shall be governed by and construed in accordance with English law. You and ChipTunaWarehouse both agree to submit to the non-exclusive jurisdiction of the English Courts.
If a dispute arises between you and ChipTunaWarehouse, we strongly encourage you to first seek a resolution by contacting us at info@chiptunawarehouse.com We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
General
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of the sections.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We may amend this User Agreement at any time either by e-mail or by posting the amended terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective immediately after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us.
This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content Licence, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution.
Product Information
This site provides product information which may be sourced from the relevant information supplied by manufacturers or their distributors. The respective manufacturers or distributors retain the copyright for material presented on this site. The information may be slightly modified by ChipTunaWarehouse with consideration to the relevance or presentation by the site.
This information is intended for ChipTunaWarehouse customers, and is provided on an "as-is" basis for informational purposes only. Whilst every effort has been made to ensure that information presented on this site is accurate, the information may contain factual errors or omissions, typographical errors or other inaccuracies.ChipTunaWarehouse do not guarantee the accuracy of any information presented on this website.
ChipTunaWarehouse and its suppliers reserve the right to alter product features or specifications without notice. Please contact ChipTunaWarehouse for confirmation of current product features or specifications.
Any pricing and availability information published in our on-line database is correct at the time that the database is published. However, the price or availability of products may change after publication of the database. Please confirm the accuracy of price or availability information with ChipTunaWarehouse.
Trademarks and Logos
This site reproduces various product trademarks and logos. These trademarks and logos remain the property of the relevant manufacturers.
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