Terms of Use
These Terms of Use (the “Terms”) govern your access to and use of www.autogathering.com, its community features and related online services (together, the “Services”), operated by AutoGathering (“AutoGathering”, “we”, “us” or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
Terms of Use Summary
Please read these Terms carefully. Section 10 (Automotive Information Disclaimer), Section 13 (Disclaimers) and Section 14 (Limitation of Liability) limit our responsibility to you. Nothing in these Terms limits any rights you have under consumer protection laws that cannot be waived or limited by contract.
Minimum age 13 years Users under the age of majority need a parent’s permission
Cost Free to use Any future paid features will have their own terms
Your content You keep ownership You grant us a license to display it on the Services
Automotive information General information only Not professional mechanical, legal or financial advice
Governing law British Columbia, Canada And the federal laws of Canada that apply there
Questions support@autogathering.com For anything about these Terms
1. Eligibility
- You must be at least 13 years old to use the Services. If you are 13 or older but under the age of majority where you live, you may use the Services only with the permission of a parent or legal guardian who agrees to these Terms on your behalf. A parent or guardian who gives that permission is responsible for the minor’s use of the Services and for deciding whether the Services are suitable for them.
- You may not use the Services if you have previously been suspended or removed from the Services, or if your use would violate any applicable law.
- If you use the Services on behalf of a business or other organization, you represent that you are authorized to accept these Terms on its behalf, and “you” includes that organization.
2. Your Account
- Certain features, including profiles, groups, messaging and posting, require an account. You agree to provide accurate information when you register and to keep it up to date.
- You are responsible for keeping your password confidential and for all activity that occurs under your account. You agree to notify us promptly at support@autogathering.com if you suspect that anyone has accessed your account without permission.
- You may not share your account, transfer it to another person or create an account using another person’s identity. Usernames must not impersonate others or infringe anyone’s trademark or other rights, and we may reclaim or change a username for these reasons.
- You may delete your account at any time from your account settings. Information associated with your account is handled as described in our Privacy Policy.
3. Fees
The Services are currently provided free of charge. If we introduce paid features, subscriptions, listings or other paid services in the future, they will be subject to additional terms presented to you before purchase, and those terms will govern in the event of a conflict with these Terms.
4. Your Content
- Your content. The Services may allow you to post or submit comments, profile information, photos, activity updates, group posts, messages and other material (“Your Content”). As between you and AutoGathering, you keep ownership of Your Content.
- License to us. By posting Your Content, you grant AutoGathering a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, reproduce, adapt (for example, to resize or format it), publish, display and distribute Your Content in connection with operating, providing, improving and promoting the Services. This license ends when you delete Your Content or your account, except for content that others have shared or quoted, content we must keep for legal reasons, and copies held in backups, which are removed in the ordinary course.
- Moral rights. To the extent permitted by law, you waive, and agree not to assert, any moral rights you may have in Your Content against AutoGathering or its licensees in connection with the uses permitted by these Terms.
- Your responsibility. You are solely responsible for Your Content. You represent and warrant that you own or have all rights necessary to post Your Content and to grant the license above, and that Your Content and our use of it under these Terms will not infringe or violate the rights of any person or any law.
- Moderation. We are not obligated to review or monitor content, but we may, at our discretion and without notice, refuse, edit for formatting, hide or remove any content, including content that we believe violates these Terms or our Community Rules.
- Preservation and disclosure. We may preserve and disclose Your Content if required by law or if we believe in good faith that doing so is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that content violates the rights of others, or protect the rights, property or safety of AutoGathering, our users or the public.
5. Acceptable Use
You may use the Services only for lawful, personal and non-commercial purposes, unless we have given you written permission to do otherwise. You agree that you will not:
- Harass, threaten, bully, stalk, intimidate or discriminate against any person;
- Impersonate any person or organization, or misrepresent your affiliation with any person or organization, including any vehicle manufacturer, dealer or racing series;
- Use another user’s account, or try to obtain passwords or personal information from other users;
- Send spam, chain letters, unsolicited advertising or bulk messages, or use the Services to sell goods or services without our permission;
- Scrape, crawl or harvest content or data from the Services using automated means, ignore the instructions in our robots.txt file, or use the Services to build a competing product or dataset;
- Interfere with, disrupt, overload or attempt to gain unauthorized access to the Services, our servers or other users’ accounts, or bypass any security or access controls;
- Reverse engineer, decompile or otherwise attempt to discover the source code of the Services, except where this restriction is prohibited by law;
- Upload viruses, malware or any other harmful code; or
- Use the Services for any illegal purpose, or encourage or help anyone else to violate these Terms.
6. Prohibited Content and Community Rules
You may not post, upload or share content that:
- Is unlawful, defamatory, obscene, pornographic, sexually explicit, hateful, violent, threatening, abusive or harassing;
- Infringes any copyright, trademark, privacy, publicity or other right of any person, including photos you did not take and do not have permission to use;
- Contains another person’s personal information, such as a home address, phone number or license plate linked to an identifiable person, without their consent;
- Promotes or provides instructions for illegal activity, including street racing, evading law enforcement, defeating emissions controls in violation of law, or tampering with vehicle identification numbers, odometers or safety systems;
- Is false or misleading, including fake reviews or claims about vehicles, businesses or people that do not reflect your honest experience;
- Contains advertising, solicitations or promotions that we have not approved; or
- In our reasonable judgment, is objectionable, restricts others from enjoying the Services, or may expose AutoGathering or others to harm or liability.
Our Community Rules form part of these Terms and provide further guidance on behavior in the community. Enforcement of this section is at our discretion. Our decision not to act in one instance does not waive our right to act in another, and this section does not create any right for any third party or any expectation that the Services will be free of prohibited content.
7. Ownership of the Services
The Services and their content, including text, research, guides, graphics, page design, logos, software and the selection and arrangement of material, but excluding Your Content and third-party material, are owned by AutoGathering or its licensors and are protected by Canadian and international copyright, trademark and other laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to access and view the Services for your own non-commercial use. You may share links to our pages, but you may not copy, republish, sell or create derivative works from our content without our prior written permission, except as permitted by law, such as fair dealing.
Some photographs and other materials on the Services are used under licenses from third parties, such as Creative Commons licenses, and are credited on the pages where they appear. Your use of those materials is subject to the terms of their respective licenses.
8. Trademarks and Feedback
AutoGathering and our names and logos are our trademarks and may not be used without our prior written permission. Vehicle manufacturer names, model names, racing series, circuit names and logos mentioned on the Services are the property of their respective owners. They are used only to identify those products and organizations, and their use does not imply any affiliation with, sponsorship by or endorsement from those owners. AutoGathering is an independent publication and is not affiliated with any vehicle manufacturer.
If you send us questions, ideas, suggestions or other feedback about the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that Feedback for any purpose without compensation or attribution to you.
9. Copyright Complaints and Repeat Infringers
We respect the intellectual property rights of others. If you believe that material on the Services infringes a copyright you own or control, please send a written notice to support@autogathering.com that includes:
- Your name, mailing address, telephone number and email address;
- A description of the copyrighted work you believe has been infringed;
- The web address (URL) of the material you believe is infringing;
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law;
- A statement that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf; and
- Your physical or electronic signature.
We will review each complete notice and may remove or disable access to the material. Where appropriate, we will notify the user who posted it, who may respond with a counter-notice. We may suspend or terminate the accounts of users who repeatedly infringe the rights of others. Knowingly submitting a false or misleading notice may expose you to liability.
10. Automotive Information Disclaimer
The Services provide general information about vehicles, manufacturers, maintenance, technology, racing circuits and events for educational and entertainment purposes. Although we work to keep this information accurate, specifications, prices, model availability, recalls, safety ratings, lap records, event dates and other details change frequently, may vary by market and may contain errors.
- Information on the Services is not professional mechanical, engineering, safety, legal, insurance or financial advice. Always confirm important details with the manufacturer, an authorized dealer, a qualified technician, the event organizer or another appropriate professional before relying on them.
- Any maintenance, repair or modification work you carry out on a vehicle is at your own risk. Follow the manufacturer’s instructions and applicable safety precautions, and use a qualified technician when in doubt.
- Information, advice and opinions posted by other users are their own and are not verified or endorsed by AutoGathering.
- Always obey traffic laws. Performance driving belongs on closed courses and at organized events, never on public roads.
11. Third-Party Links and Content
The Services may contain links to, or content from, third-party websites, products, services and events, such as manufacturer, dealer, racing circuit, ticketing and news websites (“Third-Party Content”). We do not control or endorse Third-Party Content and are not responsible for its availability, accuracy or practices. Your dealings with any third party, including purchases, bookings and event participation, are solely between you and that third party, and your use of Third-Party Content is at your own risk and subject to that third party’s terms and policies.
12. Interactions with Other Users and Events
You are solely responsible for your interactions with other users, online and offline. We do not screen users and do not guarantee the identity, intentions or conduct of any user. Unless we expressly state that we are the organizer, any meetup, car show, cruise, track day or other event discussed or arranged through the Services is organized by third parties, and you participate at your own risk. Use caution and good judgment when meeting people in person, buying or selling vehicles or parts, or sharing personal information. To the extent permitted by law, you release AutoGathering from claims and damages arising out of disputes between users or the acts or omissions of third parties.
13. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ON THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. We do not warrant that the Services will be uninterrupted, secure or error-free, that content will be accurate, complete or current, or that defects will be corrected. You use the Services at your own risk.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AUTOGATHERING AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, VOLUNTEERS AND AGENTS (THE “AUTOGATHERING PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the fullest extent permitted by law, the total liability of the AutoGathering Parties for all claims arising out of or related to these Terms or the Services is limited to the greater of one hundred Canadian dollars (CAD $100) or the amount you paid us, if any, to use the Services in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above may not apply to you.
15. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the AutoGathering Parties from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or related to (a) your use of the Services, (b) Your Content or Feedback, or (c) your violation of these Terms, any law or the rights of any third party. We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
16. Suspension and Termination
We may change, suspend or discontinue all or part of the Services at any time. We may also suspend or terminate your account or access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or our Community Rules, if required by law, or to protect the Services or other users. You may stop using the Services and delete your account at any time. Sections 4 (license to existing shared content and preservation), 7, 8, 10 and 12 through 20 survive any termination of these Terms. We are not responsible for any loss resulting from your inability to access the Services.
17. Dispute Resolution
If you have a concern or dispute with us, please contact us first at support@autogathering.com with your name, contact information, a description of the issue and the outcome you are seeking. We will try in good faith to resolve the matter informally within thirty (30) days. If the matter is not resolved, either party may pursue the remedies available under Section 18.
18. Governing Law and Jurisdiction
These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict of law principles. Subject to any rights you have under the laws of your place of residence that cannot be waived, you agree to submit to the exclusive jurisdiction of the courts of British Columbia, including the Civil Resolution Tribunal where it has jurisdiction, for the resolution of any such dispute.
19. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by updating the effective date at the top of this page and, where appropriate, by posting a notice on the Services or sending an email to members. Unless we state otherwise, changes take effect when posted. Your continued use of the Services after changes take effect means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.
20. General
- Entire agreement. These Terms, together with our Privacy Policy and Community Rules, are the entire agreement between you and AutoGathering about the Services and replace any prior agreements on that subject.
- No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
- Severability. If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law.
- No third-party beneficiaries. These Terms do not give any rights to any third party.
- Events beyond our control. We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control.
- Electronic communications. You agree that we may communicate with you electronically, including by email and notices on the Services, and that such communications satisfy any legal requirement that they be in writing.
- Interpretation. Section headings are for convenience only and have no legal effect. The word “including” means “including without limitation”.
Terms FAQ
Do I own the photos and posts I share on AutoGathering?
Yes. You keep ownership of your content. You give AutoGathering a license to host and display it on the Services, and that license ends when you delete the content or your account, subject to the limited exceptions in Section 4.
How old do I have to be to join?
You must be at least 13. If you are under the age of majority where you live, you need permission from a parent or legal guardian.
Can I rely on the specifications and maintenance information on the site?
Our guides are general information. Specifications, recalls, prices and event details change and can vary by market, so confirm important details with the manufacturer, a dealer or a qualified technician before relying on them.
Is AutoGathering affiliated with any car manufacturer?
No. AutoGathering is an independent publication. Brand and model names are used only to identify the vehicles and companies we write about.
How do I report content that copies my work?
Email support@autogathering.com with the details listed in Section 9, including the web address of the material and a description of your original work.
Can my account be suspended?
Yes. We may suspend or terminate accounts that violate these Terms or our Community Rules, or when needed to protect the Services or other users.
Contact Us
If you have any questions about these Terms of Use, please contact us at support@autogathering.com or through our contact page.