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The Auto ChannelTM
"The Auto Channel,""Auto Channel", "www.theautochannel.com," "DealerDirect," "TACH," "TACH Compar-a-graph," and "Click2 and Click4" names and logos are trademarks of Auto Channel, Inc. All rights reserved. All content, stories, photographs, and graphic elements contained within The Auto Channel website are copyright by The Auto Channel, LLC, unless otherwise indicated. All rights reserved. No material or portion of The Auto Channel may be used or reproduced in any manner without express written permission from The Auto Channel, Inc.
The Auto Channel, Inc. maintains this site (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without The Auto Channel’s written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions set forth herein.
Terms and Conditions
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site, without the written permission of The Auto Channel. The Auto Channel neither warrants nor represents that your use of materials displayed on the Site will not infringe upon the rights of third parties not owned by or affiliated with The Auto Channel.
While The Auto Channel uses reasonable efforts to include accurate and up to date information in the Site, The Auto Channel makes no warranties or representations as to its accuracy. The Auto Channel assumes no liability or responsibility for any errors or omissions in the content of the Site.
Your use of and browsing in the Site are at your risk. Neither The Auto Channel nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Auto Channel also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by The Auto Channel or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, The Auto Channel is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Images of people or places displayed on the Site are either the property of, or used with permission by, The Auto Channel. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including THE AUTO CHANNEL, TACH, RACELINE, OPEN ROAD RADIO, AUTOWORLD, BOBBY LIKIS CAR CLINIC, THE C.A.R. SHOW, THE CAR SHOW, DRIVERS SEAT, DRAG RACING TONIGHT, NASCAR, IRL, INDY RACING LEAGUE, CART, AMA, DAYONA SPEEDWEEKS, WINSTON CUP, BUSCH GRAND NATIONAL, ARCA, ASA, WORLD OF OUTLAWS, HAV-A-TAMPA, ALLSTATE INSURANCE, PENNZOIL, AFTERMARKET BUSINESS MAGAZINE, 4 CAR COMPAR-A-GRAPH, GENERAL MOTORS, FORD, BMW, AUDI, JAGUAR, VOLVO, TOYOTA, and others, are registered and unregistered Trademarks of The Auto Channel or its rightful owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of The Auto Channel or such third parties that own the Trademarks displayed on the Site. Any use of third party Trademarks on The Auto Channel is done either by permission of the Trademarks’ owners, or as part of a ``News'' story or feature and subject to the Fair Use provisions of international, Federal, and State intellectual property laws. No special association or relationship is intended by such use, and its use should not be construed as granting The Auto Channel any official status with any third party, unless otherwise noted. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that The Auto Channel will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The Auto Channel has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Although The Auto Channel may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, The Auto Channel is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Auto Channel will fully cooperate with any law enforcement authorities or court order requesting or directing The Auto Channel to disclose the identity of anyone posting any such information or materials.
Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Auto Channel may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
STATEMENT OF THE AUTO CHANNEL’S POLICY ON NEWS REPORTING AND INFORMATION DISSEMINATION
For years, millions of consumers and automotive enthusiasts have relied upon The Auto Channel to get news and information related to the automotive and transportation world. As with many other news outlets, publishers and broadcasters, The Auto Channel also presents non-core content that we feel will be of interest to our audience.
The Auto Channel consists of a network of media outlets or “tools” that we use to present content. TheAutoChannel.com is just one. We own several online domains that focus on specific areas of the automobile world, we have broadcast television shows that air through traditional television media, we supply edited and unedited material to other media entities for their print and online publications, we have personal communication device applications (phone apps), and from time to time we have engaged in a variety of printed versions of TACH (the acronym for The Auto Channel) that feature a sampling of the content that we present elsewhere. We also have branded outlets on "third party" Internet entities: YouTube is one example. These branded distribution tools are owned and managed by us.
We're not alone in the manner in which we convey information: Sourcelink Media (owners of Motor Trend and other publications), Hachette Filipacchi (owners of Car & Driver and Road & Track), as well as Auto Trader (new owners of Kelley), Edmunds, and Crain Communications (owners of AutoWeek and Automotive News) all do essentially the same. Of course, this is just a small sampling of the large number of other multi-title publishers and broadcasters.
Most of our journalists and contributors are members of various related media organizations. The Auto Channel is an accredited news media outlet recognized by all major news and press-information disseminators including, but not limited to, AP, Reuters, AFP, PR Newswire, BusinessWire, TheNewsmarket.com, NewsPress Ltd, and MarketWire. These entities, along with hundreds of private and public sector companies and agencies regularly and freely submit (or provide unfettered access to) news that they wish to be released to our audience. These entities pay no fee to The Auto Channel for this service, although the originating content sources may have paid to have the information disseminated to media outlets, such as The Auto Channel, in order to get their news published or broadcast. We are generally under no obligation to publish/broadcast/re-transmit any news or press information provided to us, nor are we under any legal obligation to present the information in a mandated fashion. This is the beauty of what we know as “Freedom of the Press.”
On the rare occasions that we are asked to abide by a time-stamp embargo or a geographic limitation we will happily comply, unless we believe that by doing so that we are unfairly restricting the public’s ‘right to know.’
We also reserve the right to choose which or all of our “tools” we will use to disseminate the news and information that is provided to us. We try to use those tools that we believe will most efficiently convey the information. Sometimes the decision is based upon media format; for example, video materials are best viewed as videos, versus a text report that only describes what the video contained. Sometimes we solely use one tool; and sometimes we use multiple tools in combination if we can more effectively report a story. In many instances we think that the old adage “a picture is worth a thousand words” tells the story best, not requiring any additional commentary. The use of one tool over another, or the absence of one tool in a combination of tools, should not be construed as a forfeit of any right, obligation or privilege. Furthermore, as there is no universally recognized number of words or images needed for a news story to be an “authentic news story,” all stories presented by The Auto Channel should be considered as news stories to our audience, unless we identify them otherwise.
The Auto Channel follows all of the customary presentation techniques used by other news and media outlets. This includes TACH logo identification and placement of adjacent advertising or promotional messages, even if those messages are competitive with the primary content. If it’s okay for CBS News, CNN, The New York Times and Newsweek Magazine, it’s okay for us. If you don’t have a problem with The New York Times logo on the top of the page that carries your news story and intellectual properties, or the CBS News logo on the corner of the TV screen while it presents your video news release, then don’t invent a problem with us.
If content originators do not like our editorial position or how we juxtapose the presentation of the news and information that they have chosen to release for public consumption they may select various remedies. They may choose to pay The Auto Channel for specific presentation, such as the case with paid advertising. This would allow them to control frequency, size of audience, linear order and/or physical position on their message. They may choose to not submit materials to us directly or through agents; and they may choose to not provide any news and promotional materials to any news media outlet. And, in the instance of an egregious offense – should one occur – they have the right to seek a court injunction. However, any and all of the news and press materials that we choose to use in our news reporting is protected under the “Fair Use” doctrine of federal and international intellectual property laws, regardless of the source of the news/information. It is the opinion of our legal counsel that companies or agencies that seek the benefits of open news/information distribution cannot then arbitrarily turn on and off “Fair Use” usage. If you don’t want news revealed, don’t reveal it. If you don’t want a product/service publicized and promoted, don’t publicize it. If your products/service may be subject to negative criticism and you are unhappy about the news coverage, don’t produce shoddy products. If your company or personnel has engaged in illegal or embarrassing acts and you don’t want it publicly known, don’t do it.
The Auto Channel goes out of its way to respect the intellectual property rights of all others. It has always been our desire and intent to treat others’ IP rights in exactly the same manner that we wish to have ours respected. However, as stated above, news and press information/materials that have been produced for the express purpose of being released to our audience carries with it certain allowable exemptions, as set forth in the “Fair Use” doctrine*.
The Auto Channel does not manufacture and sell any automobiles or related products. Any logos, brand names, copyright text and images/videos that were created by the various companies and agencies presented on any part of The Auto Channel are solely the property of those entities. We use the items either because we were given the express permission to do so or because its use falls under the “Fair Use” doctrine. We read and speak English fluently. Our interpretation of the “Fair Use” doctrine is based upon what the doctrine clearly sets forth in plain English.
The Auto Channel does own many intellectual properties, such as its own logos and the text/video/audio/graphic materials that TACH or our contributors (with some exceptions) produces. We reserve all the IP rights that others do. The use of The Auto Channel’s trademark on any image, video, audio recording or text page does not imply our ownership of any product or service contained therein, unless specifically stated otherwise. Any confusion is the responsibility of the viewer.
If any company, agency or organization has any complaint with our presentation of the news we invite their comments and complaints. Contact information for The Auto Channel and its principals is easily available on the contact information page of TheAutoChannel.com website. We will respond promptly and take the appropriate action.
* See the U.S. Copyright Office’s description of the “Fair Use doctrine at http://www.copyright.gov/fls/fl102.html.
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