Terms Of Use - EV Motors

Terms Of Use

TERMS OF USE

IMPORTANT NOTICE

The following Terms of Use (the Terms) apply to all use of www.evmotors.live (the Website) and it‘s content.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE, AS IT EXPLAINS HOW YOU ARE LICENSED TO USE THE WEBSITE AND THE CONTENT ON IT.

USE OF ANY PART OF THE WEBSITE, IS ALSO SUBJECT TO OUR PRIVACY POLICY AND COOKIE POLICY.

BY USING THE WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, PRIVACY POLICY AND COOKIE POLICY. IF YOU DO NOT ACCEPT OR UNDERSTAND THESE TERMS OR ANY PART OF THEM, YOU SHOULD NOT USE OR ACCESS THE WEBSITE OR ANY PART OF IT. THESE TERMS FORM A LEGALLY BINDING AGREEMENT.

IF YOU ARE UNDER THE AGE OF 18 AND DO NOT UNDERSTAND THIS DOCUMENT PLEASE ASK A PARENT OR GUARDIAN TO EXPLAIN ITS MEANING TO YOU. IF YOU ARE UNDER THE AGE OF 14 YOU MAY NOT USE THE WEBSITE.

Should you have enquiries concerning these Terms you may contact us at [email protected].

  1. INTRODUCTION
    • This Website is owned and operated by UAB EVmotors.eu, legal entity code: 305951887, registered address: Dariaus ir Girėno g. 21A, 02189 Vilnius, Lithuania.
  2. DETAILS ON SETTING UP AN ACCOUNT
    • You may need to set up an account in order to use and access some features of the Website (e.g. to post Your Content, messages in the Website forum etc.). To set up an account you will need to register using your email or Google or Facebook account. We will process the information you give us in setting up an account in accordance with our Privacy Policy.
    • Your username and password is personal to you and should not be shared or disclosed it to any third party without our prior written permission.
    • By creating your account on the Website you agree that:
      • all user information you supply is accurate and truthful about you and you will ensure that the information we hold about you is accurate and up to date;
      • you are solely responsible for maintaining the confidentiality of your account details;
      • you are solely liable for any use of the Website using your account;
      • we are not liable for any improper use of your account or any use of your account by any third party. if you think your account has been compromised please inform us immediately.
      • you shall not use or set up an account to imposter any other person, or set up a fake account for any other person or ‘bot’ style accounts.
    • Profile user names do not need to be your real name, but cannot be chosen or used which:
      • are trade marks of a third party;
      • are offensive
      • may breach these Terms in any other manner as we may reasonably decide.
    • Profile user names cannot be sold, transferred or licensed without our prior written consent.
    • You may only use your account in accordance with the Terms, and you may not operate a competition or commercial activity without our prior written approval.
    • In the event that you breach any provision of these Terms, we may suspend or delete your access to the Website and/or remove content created/uploaded by you.
  3. OWNERSHIP OF THE WEBSITE AND ORIGINAL CONTENT
    • We or our directors and employees, and our group companies may create and post on the Website the videos and other content (the Original Content). Original Content may only be shared within the Website or via other social media platforms as part of the sharing functionality on the Website. Original Content may not be independently downloaded, copied, streamed, broadcast or otherwise used without our prior written consent.
    • Subject to the retained ownership of content which is owned posted by the users of the Website (the Users’ Content), all right, title, interest and ownership rights and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (together Intellectual Property Rights) in the Website belongs to us and/or our licensors. All rights are asserted and reserved, save for those granted under these Terms. The Website may contain licensed materials and our licensors may act to protect their interests in the event of any breach of these Terms.
    • Subject to your compliance with all conditions of these Terms, we grant you a non-exclusive, personal, revocable, non-transferable licence to:
      • stream and view the Users’ Content and Original Content for your own private, personal and non-commercial use on the Website; and
      • to share the Users’ Content and Original Content in accordance with the social media functions made available by us on the Website and the licence under these Terms.
    • We retain and reserve all rights in the Original Content. Original Content may be viewed by you on the Website and shared using the social media functionality made available on the Website. You may not copy, broadcast or use the Original Content for any other purposes without our prior written consent. All our rights on the Original Content are reserved by us.
    • You may only use and watch Original Content and Users’ Content uploaded onto the Website by as permitted by us. You may watch, view and stream Original Content and Users’ Content on the Website. You may also share Original Content and Users’ Content using the Website’s social media sharing functionality and by linking to the Website’s video page using the functionality made available by us.
    • You may not copy, download, or embed any Original Content or Users’ Content without the express written permission of the content owner.
    • You may not embed the Website’s video player in any other website.
    • You may not use any Original Content or other Users’ Content for any commercial purposes, or any public performances.
  4. YOUR CONTENT, ACCOUNT
    • As an account holder, you may upload video content, photographs and other content to the Website (Your Content).
    • When you upload Your Content to the Website, you agree that Your Content will comply with these Terms. You agree that your Content will not:
      • be unlawful. By way of example only, Your Content will not promote, feature, facilitate or condone any material or activity which is unlawful such as violence, speeding or generally committing a crime;
      • infringe third party rights. By way of example only, Your Content will not infringe any intellectual property rights (for example but not limitation such as copyright or trade mark) or other rights such as privacy, publicity, personal data rights, or any contractual right. You will be responsible for ensuring that any persons, locations or content such as music appearing in or which forms part of Your Content has consented to such use. Please respect other people’s intellectual property;
      • be inappropriate or otherwise be objectionable by us. By way of example only, Your Content will not be abusive of any person, or contain malicious, bullying, or violent, fraudulent, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist material. Nor will you use the Website to bully, harasses or otherwise maliciously target any person.
      • contain any viruses, Trojans or other malicious, harmful or tracking code.
      • contain any marketing or commercial promotions or adverts. By way of example, Your Content shall not be a paid for or sponsored promotion, nor will you include any advert pop ups or pre or post-rolls. If you are interested in using the Website to commercially promote or share information about products or services, please get in touch with us at [email protected].
      • suggest any endorsement by us.
    • You shall retain ownership of Your Content posted on the Website, but you will be granting us certain rights to use Your Content as set out in clause 7 of these Terms. This means that you are free to reuse Your Content on any other website.
    • You are solely responsible for ensuring that you own all necessary rights and have obtained all necessary permissions relating to Your Content so as to be able to grant us the rights set out in these Terms.
    • We do not endorse any of Your Content, nor do we endorse any opinion, recommendation or advice expressed in Your Content.
    • By uploading Your Content to the Website, you agree that Your Content complies with these Terms.
    • By uploading Your Content to the Website, you grant us (and our group companies) all necessary rights, licenses, and permissions:
      • to use, copy, edit, stream, distribute, store, share and generally make available and exploit Your Content on the Website;
      • to allow us to grant other users of the Website the right to view and share Your Content on the Website and via other website and social media sites using Website’s sharing and embedding functionality;
      • use Your Content to promote the Website online or on any other form (audio-visual, printed etc.), and for this purpose, you allow us to create derivatives and edits of Your Content, and combine it with other Users’ Content and Original Content.
    • The licence you grant to us is:
      • on a non-exclusive basis, meaning you can use Your Content elsewhere;
      • royalty free, meaning that in any way whatsoever we shall not pay you for uploading Your Content and granting us the rights to use Your Content;
      • is sub-licensable and transferable by us, so that we can grant necessary licences and permissions to enable us to provide the Website and generally exploit the rights you grant us;
      • on a worldwide basis, so that we can make Your Content available via the internet and without any other country or territorial restrictions:
      • can be ended by you on written notice to us, save that you acknowledge that certain content that you upload will remain on the Website as set out in clause 10 below and that we may continue to use Your Content in any promotional or marketing content created by us.
    • Whilst we may place advertising on the Website or introduce adverts in the Website’s video player before, during or after Your Content, we will not sell Your Content to any third party. If we do allow advertising on the Website then we may put in place a revenue share arrangement so that you can share in advertising revenue generated from Your Content, and we will update you on our plans if and when such an arrangement comes into force.
    • You may delete Your Content from the Website using your account profile. However, our right to continue to use Your Content outside of the Website for promotional purposes shall continue as set out above.
    • You may delete your account on the Website using preferences available on your account profile. This will result in deletion from the Website of your profile information and Your Content. However, our right to continue to use Your Content outside of the Website for promotional purposes shall continue as set out above. Your Content posted to forum section of the Website and any association between you and your account on the Website may be retained.
    • We shall be entitled to remove, restrict or suspend or alter your account and any of Your Content (and the ability to share or create Your Content) for any reason in our sole and absolute discretion including, without limitation, because conduct or Your Content associated with such account or is or may be in breach of these Terms.
    • You agree we may use, publish, edit, modify and adapt Your Content you make available, or post to or transmit to the Website to enable us to exercise the rights granted under these Terms.
    • You agree that we do not have to credit any persons or other media in Your Content, and you waive all so called moral rights in Your Content to the fullest extent permitted by applicable laws.
    • You agree and undertake that you are entitled to make available Your Content and licence it and grant us the rights set out in these Terms, and that Your Content complies with these Terms (as may be updated from time to time).
  5. SAFETY IS OF THE ESSENCE
    • When using the Website you must ensure that Your Content does not exaggerate the safety or other features of any particular vehicle, and you must not encourage or condone speeding, or dangerous or irresponsible driving. Remember that Original Content is filmed by professional video makers in controlled surroundings who put safety first.
  6. USING THE WEBSITE
    • The purpose of the Website is to create a destination for electric vehicle enthusiasts to post and share stories, videos and photographs of electric vehicles, and discuss electric vehicles generally, as part of the forum section of the Website. The Website shall be a community driven site but controlled by us in keeping with these Terms.
    • You agree we have no responsibility to review the contents of any Users’ Content posted on the Website before it is made available on the Website. For the avoidance of doubt, the views expressed in any Users’ Content posted on the Website are the views of the individual authors and not those of us unless expressly specified otherwise by us.
    • IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. USERS OF THE WEBSITE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. WE HAVE NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. THIS IS A DECISION THAT CAN ONLY BE MADE BY YOU. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE. BY USING THE WEBSITE YOU ACCEPT THAT THIS IS THE CASE AND ACCEPT THAT YOU THEREFORE USE THE WEBSITE AT YOUR OWN RISK. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
  7. Repeat Infringers
    • It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers OF THESE TERMS.
  8. CLICKING ON LINKS TO WEBSITES
    • Where we make available links to other websites or applications through the Website, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or application, and you are responsible for reviewing the linked website’s or application’s Terms of Use and other policies for using of that website or app.
  9. COPYRIGHT INFRINGEMENT & BREACH OF THE TERMS
    • In the event that you consider that any content posted on the Website infringes your intellectual property or other proprietary rights, please notify us by email to [email protected] setting out full details of the infringed rights or breach of these Terms.
    • When reporting any instances of copyright or other proprietary rights infringement, or other breach of the Terms, please include the following information:
      • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
      • a description of the copyrighted protected content that you believe has been infringed upon;
      • a full description of where on the Website the alleged infringing content can be found (including the relevant URL);
      • your address, telephone number, and e-mail address so that we may contact you;
      • a statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
      • a statement by you that the information contained in your notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner’s behalf.
    • Please note that when issuing any complaints regarding the content, then such an action is initiating a legal claim process. We may require you to provide further details or evidence before we can act upon your claim.
    • If you fail to comply with all of the requirements of this Article 7, your notice may not be effective.
    • Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the applicable laws.
  10. INDEMNITY / COMPENSATION TO US
    • Without limiting our other legal rights and remedies, you agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Website or arising from any breach or suspected breach of these Terms by you or your violation of any law or the rights of any third party.
  11. TERM AND TERMINATION
    • These Terms takes effect upon your download, installation and/or use of any part of the Website and remain effective until terminated by either of us. You may terminate these Terms at any time by deleting all copies of all materials received by you through the Website and by ceasing to use the Website. Termination shall not affect any accrued rights or obligations up to the time such termination becomes effective.
  12. THIRD PARTY SERVICES
    • We may link to, incorporate or use third party software and services such as social networking or sharing features within the Website. Use of any such software or service is subject to the terms of those third parties, and you agree to comply with any such third party Terms of Use when using the Website.
  13. OUR LIMITATIONS OF LIABILITY
    • The Website is provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind.
    • We do not guarantee that the Website will be:
      • free of errors, viruses or bugs or other defects; or
      • that the Website or any information displayed or distributed through the Website or in the accompanying documentation will be accurate or complete; or
      • that any defects in the Website will be corrected; or
      • that operation of the Website will be uninterrupted.
    • We shall have no liability in respect of the content, transmission, receipt, hosting, processing, or other use of any contribution.
    • You acknowledge that use of the Website or reliance on any contribution or information obtained through the Website shall be at your sole risk.
    • Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentations or for death or personal injury resulting from our gross negligence or wilful misconduct or that of our employees or agents.
    • To the fullest extent permissible by law, including in your local jurisdiction, we exclude all other liability for any loss or damage, including any liability or damage to any device or computer system.
    • Nothing in these Terms shall limit your statutory consumer rights.
    • Our entire liability to you, and to the extent we can not exclude it, where permissible by law, shall be limited to EUR 100 (One Hundred Euros).
  14. RESTRICTIONS
    • Save where we have expressly agreed otherwise with you in a separate agreement, you may only use the Website and any content posted on it for your personal, private and non-commercial use, and must not:
      • sell, distribute, reproduce, transfer, publicly display, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, rent, lease, loan, sub-license or otherwise deal in copies or reproductions of the Website, Original Content or Users’ Content in any way except as expressly permitted by these Terms;
      • remove, delete, obscure, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the Website, Original Content or Users’ Content;
      • remove, disable or circumvent any copy protection software contained on or within the Website, Original Content or Users’ Content.
  1. GOVERNANCE AND DISPUTE RESOLUTION
    • Applicable Laws. These Terms, and any dispute or claim resulting from or in connection with these Terms, will be governed by the laws of the Republic of Lithuania.
    • Disputes. In the event of a disagreement between us and you, we encourages you to reach out to us to find an amicable solution. To do so, you may: deliver a written complaint to us by email [email protected]. In the event the dispute is still not satisfactorily resolved, you may seek resolution through the judicial system. You agree that in the event that we cannot resolve such a dispute, controversy or claim, they shall be subject to the exclusive jurisdiction of the competent courts in Vilnius, Lithuania.
  2. MISCELLANEOUS 
    • Force Majeure.We shall not be in breach of these Terms nor liable for delay in performing, or failing to perform, any obligations under these Terms if such delay or failure result from events, circumstances, or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing any such obligations under these Terms.
    • Data Charges.You are responsible for any charges that may apply to your use of this Website, including text-messaging and data charges if you access or use the Website on your mobile device. If you’re unsure what those charges may be, you should ask your mobile device service provider before using the site. We recommend you use a Wi-Fi service rather than mobile data connection if you have a limited mobile data package, and we are not responsible for the use of your data package and any additional costs you may incur. Streaming videos can use large amounts of data and you should therefore switch to Wi-Fi data connections where possible.
    • No waiver.The failure of either you or us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.
    • Prevailing language.We may translate these Terms into other languages for reference and convenience of visitors or users; of the Website however, the English language version of these Terms shall be controlling in all aspects and shall prevail in case of any inconsistency with any other language version (if any).
    • Links to this Website.Unless otherwise set forth in a written agreement between you and us, if you desire to include a link to the Website on your website or to otherwise share a link to this Website, you must abide by the following mandatory requirements:
      • the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademarks;
      • the link can not utilize any trademark, service mark, or logo of EVmotors.live without our prior written approval;
      • the appearance, position, and other attributes of the link may not create the false appearance that you are sponsored by, affiliated with, or associated with EVmotors.live;
      • when selected by a user, the link must display this Website on full-screen and not within a “frame”; and
      • we reserve the right to revoke our consent to the link at any time and in our sole discretion.
    • Communications with Us.You may provide notices, requests, information, and other communications to us by email [email protected]. We may provide notices, requests, information, and other communications to you via email, using the email address you provided when registering on the Website.
    • No Partnership.These Terms do not have the effect of creating a partnership, agency, joint venture, employee-employer, or franchise relationship.
    • Assignment.We may transfer and/or assign these Terms or any or all rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you. Such a transfer and/or assignment releases us from all obligations under these Terms. You may not transfer or assign these Terms or any or all of your rights or obligations under these Terms, by operation of law or otherwise, without our express prior written approval.
    • Severability. If any part of these Terms is determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
    • Entire Agreement.These Terms and all documents referred to in these Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between us and you, whether written or oral, relating to the subject matter of these terms (or any document referred to in these Terms). You agree that in entering into these Terms you have not relied on any statement, representation, assurance, or warranty that is not set out in these Terms or any document referred to in them.