Tie Rod Media, LLC
Website Terms & Conditions of Use

Last Updated: February 19, 2013

1. GENERAL.

Thank you for visiting our Web Site (the “Site”). This legal statement discloses the practices for the websites hosted by Tie Rod Media, LLC and located at http://www.ih8mud.com, http://www.rockcrawler.com, http://www.cruiserfaq.com and all related subdomains.

Through the Site, you may access a variety of educational, entertaining, useful information and content relating to off-roading, including but not limited to blogs, forums, classified advertisements, videos and photo galleries. By using the Site, you are a User and you accept and agree to these Terms and Conditions of Use (the “Terms”). In addition to the information included herein, the Terms incorporate additional terms applicable to specific areas of the Site, located where appropriate.

Tie Rod Media, LLC, the owner of the Site (“We,” “Our” or “Us”), may make changes to these Terms at any time. Such changes shall be applicable immediately upon their being posted. Therefore, you must review these Terms on a regular basis to learn of any changes.

If you do not, now or in the future, accept and agree to all of the Terms, you may only reject them by ceasing all use of the Site. If you do not accept and agree to the Terms, any use of the Site is unauthorized. Any violation of these Terms may result in your being banned from the Site.

IH8MUD and ROCKCRAWLER (the “Marks”) are registered trademarks of Offroad Intellect, LLC. Your use of the Site and acceptance of these Terms does not authorize you to use the Marks for any purpose except as would otherwise be allowed under applicable law.

2. USE OF THE SITE.

a. Registration.

To access many features of the Site, Users must first register. During registration, Users may be asked for contact information, such as their name and a valid e-mail address. This information may be used to contact the User about the services on our Site for which they express interest. Users are given the opportunity to “opt out” of having their information used for purposes not directly related to the Site, and can change their settings in their profile. Users may not maintain more than one account. It is the sole responsibility of Users to maintain the confidentiality of their password and username.

b. Content.

The Site allows Users to post their own messages, text, files, images, photos, videos, sounds or other materials (“Content”). Users are solely responsible for any Content they post or transmit through the Site. We make no representations or warranties regarding any user-generated Content. We are not responsible for any Content made available on the Site. Content on the Site may be offensive, indecent, inaccurate, misleading or otherwise objectionable.

You are prohibited from posting any Content that is illegal, obscene, defamatory, infringing or otherwise objectionable. We reserve the right, but are not obligated to, moderate any and all Content on the Site according to Our own standards. However, the fact that We do not moderate certain Content is not an endorsement by Us of that Content. We have the right to enforce these Terms in any manner We deem appropriate, but We are not bound by any enforcement measures We may use.

By using the Site, you agree not to use the Site or any of its features to gather data, request interviews, solicit or engage in any commercial use without Our express, written consent. You are prohibited from posting any Content on behalf of, or in the name of, another person.

You grant and assign to Us, and you warrant that you have the right to so grant and assign, a perpetual, worldwide, non-exclusive license to copy, display, distribute or otherwise use any Content you post on the Site.

c. User-to-User Interactions.

We are not parties to and have no interest in any transaction, interaction or dispute between two or more Users. Users shall indemnify and hold Us harmless from and against any third-party claim arising from your interaction with others, including the payment of any attorneys’ fees.

3. YOUR PRIVACY.

a. Your Information.

During registration, Users may be asked for contact information such as their name and an e-mail address. The registration process may also ask for other demographic information, but providing this information is up to the discretion of the User. We will never sell or give away any of your information, including your e-mail address. We may, however, disclose information about Users if required to do so by law, upon reasonable belief that disclosure is necessary to respond to a legal action, to enforce these Terms, to protect Our rights, or to respond to allegations that Content violates third-party rights.

We will take reasonable action to protect this information from being accessed by third parties. However, despite our reasonable security methods, you understand that it is impossible to have a perfectly impenetrable security system.

b. Third Party Advertising.

We rely on third-party ad servers and ad networks to serve advertisements. These third-party ad servers and ad networks use technology to send, directly to your browser, the advertisements that appear on the site and they automatically receive Your IP Address when this happens. Such third-party ad servers may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.

We do not provide any personally identifiable information to these third-party ad servers or ad networks without your consent, unless part of a specific program or feature for which you will have the ability to opt-in. Please note that if an advertiser asks Us to show an advertisement to a certain audience (for example, males age 18 to 25) or audience segment (for example, males age 18 to 25 who have participated in certain community forums) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.

You should consult the respective privacy policies of these third-party ad servers or ad networks. Our Policies do not apply to, and cannot control the activities of, such other advertisers or web sites. We reserve the right the add or remove third-party ad networks or ad servers in its discretion and We may not at all times list such updated ad network or ad server partners in this Privacy Notice.

Currently, Tie Rod Media, LLC, has relationships with the following third-party ad servers or ad networks:

c. Cookies.

We use cookies in order to improve Users’ experience on the Site. Cookies are small data files that are written to your hard drive when you visit a website. Cookies cannot read data off your hard disk. Information such as User ID and password are all stored locally on the User’s computer using cookies.

In addition, the third-party advertising companies We use may use cookies or third-party web beacons in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit this web site: http://www.networkadvertising.org/choices/.

d. Log Files.

We use IP addresses to analyze trends, administer the Site, track User’s movement and gather broad demographic information for aggregate statistical use. IP addresses are not linked to personally identifiable information.

e. COPPA.

The Site is restricted to those who are at least thirteen (13) years of age. If We learn that a child under thirteen (13) has posted personal information on our site, We will immediately attempt to notify the child’s parents and delete the relevant Content.

4. DISCLAIMERS.

USERS’ ACCESS OF THE SITE IS ENTIRELY AT THEIR OWN RISK AND DISCRETION. WE MAKE NO CLAIM AS TO THE ACCURACY OF THE INFORMATION POSTED ON THE SITE AND DISCLAIM ANY AND ALL LIABILITY THAT MAY ARISE FROM THE USE OF THAT INFORMATION. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING UNINTERRUPTED, ERROR-FREE ACCESS TO THE SITE, THE SECURITY OF THE SITE OR TO THE ABSENCE OF VIRUSES AND OTHER HARMFUL COMPONENTS. WE ARE NOT LIABLE FOR ANY PURPORTED LOSS, HARM OR DAMAGE RESULTING FROM ANY INTERRUPTIONS OR ERRORS ON THE SITE OR FROM ANY HARMFUL COMPONENTS PASSED THROUGH THE SITE. WE ARE NOT LIABLE FOR ANY INFRINGING MATERIAL, SOFTWARE DOWNLOADS OR HARMFUL CODE, INCLUDING BUT NOT LIMITED TO VIRUSES, WORMS AND TROJAN HORSES. WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM A HACKER’S USE OF THE SITE TO LAUNCH DENIAL OF SERVICE ATTACKS AGAINST ANY THIRD-PARTIES. WE MAKE NO WARRANTY OR REPRESENTATION THAT THE CONTENT, FUNCTIONALITY AND OPERATION OF THE SITE COMPLY WITH THE LAWS OF ANY COUNTRY OTHER THAN THE UNITED STATES. WE ARE NOT RESPONSIBLE IN ANY WAY FOR THIRD-PARTY WEBSITES WHICH MAY BE LINKED TO ON THE SITE, INCLUDING BUT NOT LIMITED TO, THEIR SECURITY AND THE ACCURACY OF THEIR CONTENTS. WE DISCLAIM ANY AND ALL LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES RELATING IN ANY WAY TO THE SITE, ITS USERS AND ITS CONTENT. WE DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANYTHING WE MAY SELL ON THE SITE.

To the fullest extent permitted by law, you release Us from any and all claims arising from or in any way related to your interaction with the Site and from any and all claims relating to the content access through the Site.

If you violate these Terms, you shall indemnify Us from any claims or losses resulting from the violation. You shall also indemnify Us from any liability or loss incurred as a result of unauthorized use of your account. In addition, you indemnify Us from and against any third- party claim arising out of Content you post and your reliance on any user Content. These indemnifications include the payment of attorneys’ fees.

5. COPYRIGHT AND INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATIONS.

a. DMCA Notices.

We strive to promptly process and investigate notices of alleged copyright and intellectual property infringement and to comply with the Digital Millenium Copyright Act (DMCA). As such, We have designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work or other intellectual property has been posted on the Site in an infringing manner, please notify our Agent at:

Tie Rod Media, LLC
3825 E. Calumet Street
Suite 400-177
Appleton WI 54915
dmca@tierodmedia.com

Your notice to our DMCA Agent must include the following:

  1. Identification of the work allegedly being infringed upon;
  2. Identification of the Content that is infringing your work, with sufficient detail for Us to locate the Content;
  3. A certification or statement by you that you have a good faith belief that the use of the Content is not authorized by the copyright owner, its agent or the law;
  4. A certification or statement that the information you provide Us is accurate and that you are either the owner of the copyrighted work or are authorized to act on behalf of the owner.
  5. Your contact information, including your address, telephone number, and e-mail address;
  6. Your physical or electronic signature.

Your notice will be subject to the DMCA, and requests that do not follow these guidelines will be ignored. In appropriate circumstances, We will terminate the accounts of repeat infringers.

b. Counter-Notices.

If Content you have posted to the Site is taken down or otherwise removed, you may file a counter-notice including the following:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
  3. Your name, address and telephone number;
  4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Creative Commons may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
  5. Your physical or electronic signature.

6. OTHER.

These Terms constitute the entire agreement between you and Us and supersede any previous agreements. If these Terms and other terms found on the Site conflict, these Terms shall control.

Disputes arising from or relating to the Site or these Terms shall be governed by Wisconsin Law without regard to conflict or choice of law principles and shall be brought exclusively in Outagamie County, Wisconsin Courts of Law. The provisions in these Terms are severable.