Terms of Use

Revised January 29, 2018

Terms of Use – General

The following are the Terms of Use (or “terms”) for use of the Asphalt Journey website, with the domain name of www.asphaltjourney.com (“Asphalt Journey” or “the website” or “us” or “we” or “our”).

In these Terms of Use, you (“you” or “your” or “the User” or “User” or “Users”) means any third party that accesses the website and is not either (a) an owner of Asphalt Journey or an employee of such and acting in the course of their employment; or (b) engaged as a consultant or otherwise providing services to Asphalt Journey and accessing the website in connection with the provision of such services.

In these Terms of Use, Content means any information, text, postings, comments, commentary, material, intellectual property, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in or viewed on a computer that appears on or forms part of this website, including any such Content uploaded by any user, including you.

By accessing and using the website, you agree to be legally bound by the terms as are set out in this notice. The User is therefore urged to familiarize themselves with these Terms of Use prior to the usage of the website. If the User does not wish to be bound by these Terms of Use, then he or she or they may not access, display, view, use, download and/or otherwise copy or distribute any of the Content of this website.

These Terms of Use apply to you, the User of this website (including any sub-domains unless expressly excluded by their own terms). Please read these Terms of Use carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms is deemed to occur upon the first time you use the website.

Accessing the website, in any manner, whether automated or otherwise, constitutes use of the website and your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Use, you should stop using the website immediately. The reading of all information on this website is of your own free will and if you do not accept the terms contained in this disclaimer, you should cease the use of this website immediately.

You must be at least 18 years of age to use this website or, if you are under 18 years of age, you have the consent of your parent or guardian to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age or, if you are under 18 years of age, you have the consent of your parent or guardian at all times when you use this website.

The website is provided solely for your personal, non-commercial use unless you have our permission to do so otherwise. This website is made available to you free of charge.

 

Intellectual Property Rights & Copyright Policy

Unless otherwise stated, all Content (such as but not limited to photos, graphics, imagery, Content, materials, texts) of the website are copyrighted ©Asphalt Journey, unless uploaded or provided by Users, and may not be used or published elsewhere without our written consent. These works are protected by copyright laws and treaties around the world. Any rights not expressly granted herein are reserved.  Some Content on the website is used by permission from our owners, affiliates, licensors, or with permission from others and are protected property of such individuals or entities.

You may not use the website or the materials available on the website in a manner that constitutes an infringement of our rights or that has not been authorized by us. The User acknowledges that Content, including but not limited to text, graphics or other material contained in either sponsor advertisements or electronically distributed, is commercially produced information presented to him or her or they by the website and is protected by copyrights, trademarks, service marks, database rights, patents, intellectual property rights, or other proprietary rights and laws. Nothing on this website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark, or any Content displayed on the website without our prior written permission.

More specifically, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the website without prior permission. The User may not, for any commercial or non-commercial purpose without written prior consent of Asphalt Journey, modify, copy, reproduce, duplicate, republish, resell, upload, post, transmit, exploit, or distribute in any way Content available on this website.

If you would like to use any of the photos, text, or any other Content found on the website, contact us first to state your intent and purpose for such. Use of any of our Content by you, once permission is given, will require your giving proper credit and linking back to this website.

Upon receiving our written permission to use our Content, you shall download a copy or ask us to send you such Content, and you shall provide protected storage of any and all such Content. You shall utilize your own bandwidth to display such Content on your own permitted website or websites to your own Users or viewers.  You are not permitted to pull from our servers any of our permitted Content or use our bandwidth to display any of our permitted Content or make such viewable on your permitted website(s). To clarify, any of our permitted Content placed on your website(s) must be hosted and retrieved from your own servers unless we agree otherwise.

We reserve the right to demand your immediate cessation of displaying or using on your website(s) or storing on your server(s) any of our owned Content, at any time, for any reason, without any warning.  Upon our advising you of such a demand, you shall within twenty-four hours permanently delete such Content from your server(s) and from your website(s) and from the view of your own users and you shall notify us that such activities have been successfully completed.

Any of the material on our website may be out of date at any given time, and Asphalt Journey is under no obligation to update such material, but we will use reasonable efforts to ensure that information is updated, accurate and relevant.  If you believe the information should be updated or removed, please contact us at the email address at the bottom of these Terms of Use.

User Conduct

You acknowledge that you are responsible for any Content you may submit via the website, including the legality, reliability, appropriateness, originality, and copyright of any such Content. The User also agrees not to use this website for any unlawful, unauthorized, malicious, or unethical purposes, including but not limited to (a) commercial purposes; (b) commission of a criminal offense; (c) publishing, posting, uploading, distributing or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (d) uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity); (e) uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (f) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (g) gain unauthorized access to other computer systems, with intention to harvest or otherwise collect information about others, including e-mail addresses, without their consent; or (h) violate any applicable laws or regulations in any jurisdiction.

Additionally, you may not upload to, distribute or otherwise publish through the website any Content that (a) is not exclusively owned by You; (b) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (c) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to any type of liability or violate any law; (d) may contain software viruses, tracking software, malware, worms, or any other malicious or destructive computer code or software; or (e) may contain any type of advertisement, political or any other form of campaigning, chain letters, mass mailings, or any form of “spam.”

To use this website, you may not use a false email address or other false identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any Content or who you are.

You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Asphalt Journey, its owners, its affiliates, and its associated third parties for all claims resulting from Content you supply.

Your License to Us

By posting or submitting any Content or material (including but not limited to, without limitation, comments, blog entries, social media postings, photos and videos) to us via the website, social media venues, or to any of our staff via email, text or otherwise, you are representing that (a) You are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (b) you are eighteen years of age or older.

In addition, when you submit, email, text or deliver or post any material or Content, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings, submissions, comments, or Content by name, email address or screen name, as we deem appropriate, and at our sole choosing.

You give us full rights to Your Content that you place on our website.  We reserve the right to remove without notice any Content you place on our site, at any time, without notice.

As some users request confidentiality of their postings, submissions, or other Content that they provide for our use, we reserve the right to not identify any of our users’ Content by markings such as a copyright notice or by other means for any such Content they provide to be used that is utilized on the website. However, we will always provide proper credit for all Content that is not ours should any User desire such. We ask that you notify us and we will properly credit you for your provided Content as quickly as possible.

Prohibited Use of Website

In addition to what is already written in these Terms of Use, you may not use the website (a) in any way which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website; (b) in any way which is harmful, unlawful, illegal, obscene, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; or (c) for making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Limitations on Linking and Framing

You may, at any time, provide a hyperlink that takes your user(s) to our website, without our prior permission, as long as such link is provided to your users in a manner which reflects positively on our website, its products, books, services, or Content.

You may create a link to our website from another website; however, you may not, without our prior written permission frame or inline link any page or Content of our website, or suggest that we have any association with you or imply that we approve or endorse or sponsor your website or any of your products or services unless we expressly agree that you can do so.

We reserve the right to require you to remove any link to our website at any time, without giving you prior notice, and without providing our reasoning.

You may not hotlink to our imagery without our permission.  You shall utilize your own storage space and bandwidth to store and display any permitted imagery on your own website or websites to your users or viewers unless we expressly agree otherwise.

DMCA Notices

We are firm believers in protecting intellectual property rights for all.  We have the deepest respect for others’ rights in their work and creations. Asphalt Journey gets its Content in the following ways: (a) by creating its own original Content; (b) by utilizing Content so licensed and permitted to us from its original creators; (c) utilizing Content that is provided for use through Creative Commons licensing; and (d) from the submission and permission of its Users on this website or through its Contact form or other associated means of communications.

Unfortunately, sometimes Content provided to us is misrepresented as being owned by a person that is not, in fact, the true owner of the work; or the true ownership of such Content is in dispute.  If you have not granted right to your owned work that you find on this website, please send us a DMCA takedown notice and we will gladly remove it. You can send such notice to the email at the bottom of these Terms of Use.

Comment Policy

Comments on portions of our website, including but not limited to any available blog, are welcomed and encouraged. We strongly believe in free speech and encourage open and respectful discussions. Comments on this website are the sole responsibility of the User who writes such and the User takes full responsibility, liability, and blame for any libel or proceedings that will result from their statement. We do not guarantee the accuracy, honesty, and politeness of User comments

Although we are proponents of the First Amendment of the United States Constitution and its afforded rights of free speech, there may come times that User comments will need to be edited or deleted by us under the following guidelines:

  1. Comments deemed to be spam or questionable spam will be removed. Including a link to relevant Content is permitted, but the included link must be relevant to the post topic and meet these Terms of Use.
  2. Comments including profanity or language or concepts that could be deemed offensive, insulting, attacking of any rights of a person or group, discriminate illegally against any other person, or are needlessly confrontational will be removed.

We reserve the right to edit or remove any comments submitted to any blog or any other component of the website at any time without providing a reason.

Competitions, Contests, Drawings, Sweepstakes, and the Like

From time to time, this website may offer the opportunity to participate, compete, or make entry into competitions, contests, drawings, sweepstakes, and the like (“Contest”) in order to potentially win prizes, free items, recognition, or for another benefit to the user.    These contests may be managed, administered, and adjudicated by this website or by any third party.  The user will be required to complete all terms of entry into any Contest in order for any submission to be considered as being entered.

All winner decisions are final.  We reserve the right to amend, withdraw, cancel, or terminate any Contest, or our association and participation in any Contest, at any time, without notice.  We additionally reserve the right to cancel any of our users’ participation or entries into any Contest, at any time, without notice.

We accept no responsibility for any item, award, reward, prize, or similar (“Prize”) or its provision or quality whether provided to the user by us or any third party.  User assumes all risks for any received item or services received from their participation in Contest.  The user also is responsible for any taxes, tariffs, import duties, and any other costs, fees, or expenses incurred in receiving or using Prize.  By using this website and/or participating in any Contest, the user holds harmless and indemnifies us from any and all claims, charges, or legal actions that user may be entitled to pursue against us, even in cases in which negligence of any type may be claimed against us.  Additionally, the user also agrees that participation or entry into any Contest is also covered by these Terms Of Use policies as shown in this document.

Limitation of Liability

All Content provided on this website is provided “as is” and is for general informational and entertainment purposes only and do not claim to be, or constitute in any way, professional advice.

To the extent permitted by law, we, and third parties associated with us hereby expressly make no guarantees, representations, or warranties of any kind, express or implied, about the accuracy, completeness, reliability, suitability, timeliness, or availability of any information on this website or any information, products, books, services, or related graphics that are found by viewing any Content or following any link on this website. We will not be liable for any errors or omissions in this Content nor for the availability of the Content. Asphalt Journey, its owners, employees, assigns, affiliates, or in any way associated third parties will not be liable for any losses, injuries, or damages from the display or use of this Content including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from (a) loss of revenue, income, or profits; (b) loss of business; (c) loss of anticipated savings; (d) loss of data; (e) loss of goodwill arising out of, or in connection with, the use of this website.

User acknowledges that they will not hold Asphalt Journey, its owners, affiliates, directors, employees, affiliates, or associated third parties liable in any way and will keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from the User’s use of the website, and such loss or damage may include but not limited to, liability for any defamatory, offensive, or illegal conduct of other Users or third parties.

We also hereby disclaim any responsibility for error, omission, or inaccuracy in the Content or for any misinterpretation, loss, disappointment, negligence or damage caused by reliance on any Content contained within the website.

All Content, views, notes, commentary, wisdom, advice, and words that are expressed on the website represent only opinions made by us and not those of any other person or entity in their favor. However, whatever opinion we may put across does not intend to harm, slander, or defame any company, individual, or thing. Asphalt Journey will not be held liable for libel nor will we be held to compensate you in any way whatsoever if you ever happen to suffer a loss/inconvenience/damage because of what we may display or state on/in this website. We will not be held responsible for what people might do with our opinion, advice, critique and/or wisdom.  People have free will; we cannot control the actions of any other person(s) or third party.

While we shall endeavor to ensure that all Content on the website is accurate, we cannot vouch that all Content will be accurate and up-to-date at all times. The website contains a large amount of data, and errors are likely to occur. We, therefore, do not accept any liability for error or omission with regards to Content of the website. Should you find any inaccurate information on the website, please inform us through the email address at the end of these Terms of Use and we shall correct it as soon as it is practicable to do so.

We also cannot accept responsibility for any failure, or alleged failure in the delivery of the services referred to herein, or in the event of bankruptcy, liquidation or cessation of trade of any affiliate, company, individual, firm, or third party referred to herein or associated to the website.

We accept no responsibility for the Content of any website to which a hypertext link from this website exists. Such links are provided for your convenience on an ‘as is’ basis; any responsibility for those links rest with that Content provider and not us.

We cannot be held responsible for any offense taken due to translation, interpretation or mistakes in grammar and/or punctuation on the website or in its Content. We will also not be liable if for any reason the website is unavailable at any time or for any period of time as we might often do so without notice and at our own discretion, intended or not.

We will not be liable for any loss or damage caused by virus attack to our website or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material or Content due to your use of our website or by your downloading of any Content posted on it, or by or from any website linked to it.

Should the website be unintentionally linked to obscene, pornographic, disgusting, hostile, or offensive Content-filled web pages, Asphalt Journey in no way condones, endorses, or takes responsibility for such. This website contains links that direct to external websites and these are simply provided for your convenience and information. You are not obligated in any way to click on any link on the website or to go to any other website. Asphalt Journey is not in control of these platforms so we will not be held liable for any material contained within them. Should you find any of our links going to such other websites that you believe negatively reflects on Asphalt Journey, we ask that you notify us immediately so that we may evaluate whether to remove such links.

You are reading the information on this website on your own free will and you will be provided with Content at your own risk. Any reliance you place on any information gleaned from this website is strictly at your own risk, so please make sure to research and verify any information or Content that you read or glean from this website.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, INCLUDING IN OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND CONNECTED THIRD PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT, PRODUCTS, BOOKS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY DISCONTINUE USING THE WEBSITE AND THE PRODUCTS, BOOKS, SERVICES AND/OR CONTENTS.

Our Written Policy

We expressly state that Asphalt Journey does not do anything verbally when it comes to permissions or agreements, and as such, we will never provide any verbalized policies, permissions, or agreements to any third party and we emphatically state that all permissions, policies, and agreements will always be given and provided in writing so records exist of such matters.

Entire Agreement

These Terms of Use constitute the entire agreement with respect to use of the website and supersede any and all previous agreements, either verbal or written, with respect to the use of this website.

Governing Law & Additional Legal

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Indiana, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Indianapolis, Indiana in all disputes arising out of or related to the use of the website and you also agree to be responsible for all legal fees encountered by both us and you arising out of any dispute you may have or litigation you wish to pursue.  We wish to make clear that we shall always file a counterclaim if such actions taken by you cause damages to us in any way.

You may not transfer any of your rights under these Terms of Use to any other person.  We may transfer our rights under these Terms of Use where we reasonably believe your rights will not be affected.

If any court or competent authority finds that any provision of these Terms of Use (or any part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms of use will not be affected.

Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

We are very reasonable, in all facets concerning this website.  Please contact us directly to try to remedy any issue or problem you may have as it relates to us.  We believe that open communication prevents many future problems and needless expenses for both you and us.

Additional Policies

Our policies regarding your personal privacy, external links, and third-party usage are covered in our Privacy Policy, available by clicking HERE.

We are not responsible for republished Content from this website on other websites without our permission. If you find our Content on other websites and you have any reason to believe it may be used without permission, we ask that you contact us immediately at the email address at the end of these Terms of Use to make us aware.

Asphalt Journey reserves the right to make changes and/or terminate access to any part of or to the entire website and any related Content or service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, without explanation.

Use of our website is a privilege and not a guaranteed right. A breach or violation of any of these terms of use will result in an immediate termination of your use of this website.  Once our provided right to you has been rescinded, continual attempts to access our website may result in legal action against you.

Updating of these Terms and Conditions

These Terms of Use are subject to change at any time. We reserve the right to, from time to time and at our own discretion, change, modify, add to or remove from portions or the whole of these Terms of Use. Changes to the Terms of Use will become effective upon such changes being posted to the website. It is thus the User’s obligation, at all times, to check the Terms of Use for changes or updates prior to using the website.

The User’s continued use of the website following the posting of changes or updates to the Terms of Use will be considered notice of the User’s acceptance to abide by and be bound by the Terms of Use, including such changes or updates.

 Contact Information

Concerns or questions can be directed to legal[at]asphaltjourney[dot]com for further clarification or through the Contact form on the website.