1. ACCEPTANCE OF TERMS
Atomic Industry Incorporated provides its services to you, subject to the following Terms of Service (referred to as "TOS"), which may be updated by us from time to time without notice. You may review the most current version of the TOS at any time at: http://www.atomicindustry.com/tos.htm. In addition, when using particular Atomic Indsutry services, you shall be subject to any posted guidelines or rules applicable to such services.
Atomic Industry properties include The Jalopy Journal (www.jalopyjournal.com), The Jockey Journal (www.jockeyjournal.com), and The Garage Journal (www.garagejournal.c.om).
2. DESCRIPTION OF SERVICE
Atomic Industry provides users with access to informational resources including communication and interactive resources pertaining to hot rods, motorcycles, and home garages. Under no circumstances shall Atomic Industry be liable to any user on account of that user's use or misuse of the site or reliance on the site. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, punitive and exemplary damages (even if Atomic Industry has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of the site or reliance on the site, from inability to use the site, or from the interruption, suspension, or termination of the site or services offered on the site (including such damages incurred by third parties).
Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the site or received through any links provided on the site. .Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Atomic Industry makes no warranties as to the accuracy of its information and due to the volatile nature of the information contained within Atomic Industry properties. Atomic Industry can not screen or authenticate all articles, posts, listings or other information. Atomic Industry will not sell any member information.
3. TERMS OF MEMBERSHIP & USAGE RESTRICTIONS
a) Membership is available to any person over the age of 18 who registers and accurately provides all the required information, provides a legitimate electronic mail address and obtains a unique Atomic Industry property member name and password. Membership is non-transferable. The use of web-based email accounts may be denied due to abuse.
b) All membership information must be accurate and belong to the person registering. Invalid, incomplete, or falsified information can result in the immediate termination of all membership privileges for that user and, possibly a permanent ban, restricting the member from using any of Atomic Industry’s services at any time.
c) Usage of this site is restricted to persons over the age of 18.
d) Atomic Industry is not responsible for the content of any member's posts, and the views expressed on any Atomic Industry property are the responsibility of the posting member and not Atomic Industry. Atomic Industry does not preview member posts in any way before they appear on the site. Any link posted to a third-party internet address does not imply an endorsement of that site or its content by Atomic Industry.
e) The Atomic Industry forums are for the discussion of vintage cars, motorcycles, garages and the related. While the administrators and moderators of the Atomic Industry properties will attempt to keep all off-topic messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of Atomic Industry nor the moderators will be held responsible for the content of any message.
f) Atomic Industry forums may contain profanity.
g) As a condition of buying and selling items listed in any forum owned by Atomic Industry , Buyer and Seller agree that Atomic Industry is not brokering or otherwise participating in any purchase or sale. Atomic Industry has no knowledge of the terms of sale, the condition of any items offered for sale, the accuracy of any aspect of the sale or the use to which any item shall be put. Buyer assumes all responsibility for proper use of any item so purchased. Buyer acknowledges that improper use of some or all of the items offered for sale on an Atomic Industry property may cause serious injury or death. By using Atomic Industry classified sections, you agree to make your personal contact information and real name available to Atomic Industry in the event that we (or buyer/seller) needs to contact you.
h) Pornography of any type is not allowed. Posts of an illegal nature will not be tolerated. Threats of any kind will not be tolerated and will be removed and the user suspended or banned permanently. Removed threats will be retained by the owners as evidence should legal action be desired by the threatened party.
i) The owners, administrators, and moderators of Atomic Industry reserve both the right to remove, edit, move or close any thread for any reason, and the right to suspend or delete any user account for any reason we feel is in violation of the TOS, both explicit and implied.
j) Membership in an Atomic Industry property is a privilege, not a right. We reserve the right to deny service to any person at any time without cause.
4. INTELLECTUAL PROPERTY
It is the policy of Atomic Industry to respond expeditiously to claims of intellectual property infringement. Atomic Industry will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"). Should a violation of intellectual property be discovered, the document(s) or messages in such violation will be removed in a timely manner after any and all investigating has been completed to prove the authenticity of such a claim.
5. PUBLIC CONTENT ON ATOMIC INDUSTRY PROPERTIES
Any and all content posted for inclusion in publicly accessible areas of Atomic Industry properties are the responsibility of the creator. Atomic Industry makes no claims or warranties about such information or its authenticity. Upon posting any content on Atomic Industry properties, you grant Atomic Industry the non-exclusive right to publish, modify and use such content solely for the purpose of displaying such content.
No representations made or advice given by Atomic Industry property Members or Moderators should be in any way considered a diagnosis, treatment or cure for any illness or condition, either discussed or implied. Answers to questions are offered as information only and should always be used in conjunction with advice from your personal diving physician. No responsibility is taken by Atomic Industry, its Members or Moderators, for any conceivable consequence which might be related to any answer that is freely given to questions on this site.
6. LIMITATION OF RE-USE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes or noncommercial purposes any portion of the services or content contained within Atomic Industry properties and its subsidiary sites. In order to use any content, graphical art, photos or files owned by or published by Atomic Industry, direct, written authorization must be obtained from Atomic Industry with no exceptions at any time for any reason.
7. LEGAL RESTRICTIONS
This agreement shall be constructed and controlled by the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the State of Texas. Each member agrees to personal jurisdiction by tile state and federal courts of the State of Texas.
Atomic Industry reserves the right to change, modify or update this TOS agreement at any time without notification. Membership in and the use of resources contained within Atomic Industry properties constitutes full agreement and acknowledgement of the restrictions, limitations and terms set forth in this agreement.
8. Affiliate Linking
We use VigLink to rewrite all outgoing links to our own affiliates. You agree not to post, email, or otherwise make available Content: k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement”’