Terms of Service

Last updated: Nov 10th, 2019
General conditions

These Terms of Service (the "Terms") are a legal agreement between you and Garage.Market Service and its affiliates and subsidiaries as may change from time to time (collectively, "Garage.Market", "we", "us", and "our"). These Terms apply to the Garage.Market website (https://garage.market), Garage.Market apps, and the services available through and connected to them (collectively, the "Services"). We may also, in the future, offer new Services and/or features. Such new Services and/or features shall also be subject to these Terms.

You acknowledge and agree that, by accessing or using any part of the Services or by uploading or posting any User Content (as defined below) in connection with the Services, you, your heirs, and assigns (collectively "you") are indicating that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including applicable export and re-export control laws and regulations. If you do not agree to these Terms, then you must stop accessing or using the Services.

We may revise these Terms to reflect changes to the Services, our users’ needs, our business priorities, or changes in laws and regulations. We will give you notice of such revisions in accordance with legal requirements. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.

Who we are?

Eligibility and scope

To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and able to agree to these Terms. If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity). If Garage.Market has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

Account registration and use
  • Account Registration and Confidentiality. You may be required to create an account to use parts of the Services. If so, during the registration process, you must select a password and provide us with additional information. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your account and password. We may assume that any communications we receive under your account have been made by you.
  • Unauthorized Account Use. You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. To contact us, please see the "Contact Us" section below. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Garage.Market will not be liable for any loss, damages, liability, expenses, or lawyers' fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and lawyers' fees incurred by Garage.Market or a third party due to someone else using your account.
Our proprietary rights

The Services are owned and operated by Garage.Market and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks, and services marks) that are derived in whole or in part from materials supplied by Garage.Market and its partners, as well as certain third parties, and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws.

You agree to abide by all applicable copyright and other laws. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Garage.Market and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Garage.Market and such others.

You agree to protect the proprietary rights of Garage.Market and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by Garage.Market or its suppliers and licensors (collectively, "Suppliers") regarding content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You agree to notify Garage.Market immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services, shall, as between you and Garage.Market, at all times be and remain the sole and exclusive property of Garage.Market. Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy, and publicity.

User content and submissions
  • User Content and Posts. The Services may enable you to submit, post, upload, or otherwise make available (collectively, "Post") content such as reviews, ratings, pictures, and other content such as videos, questions, comments, ideas, designs, features, plans, and other feedback (collectively, "User Content") that may or may not be viewable by other users.

  • Our License to User Content. When you Post User Content on or through the Services, you grant Garage.Market a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Our use of your information shall be governed by the Garage.Market Privacy Policy.

    Garage.Market does not provide any compensation, in either cash or product, for User Content submitted to Garage.Market, including without limitation any potential product or software ideas or applications. If you still submit such information to us you agree that such information shall be deemed to be non-confidential and nonproprietary, and Garage.Market shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information on an unrestricted basis for any purpose whatsoever, unless expressly agreed otherwise in writing by Garage.Market. Further, Garage.Market shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

  • User Content Representations. You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that Garage.Market does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors, or inaccuracies. You agree that you will indemnify, defend, and hold harmless Garage.Market for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

  • User Content Review. You acknowledge and agree that Garage.Market and its designees may or may not, at Garage.Market's discretion, pre-screen User Content before its appearance on the Services (but does not assume any obligation to). You further acknowledge and agree that Garage.Market reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any User Content that is contributed to the Services. Additionally, Garage.Market has the right to remove any User Content that violates these Terms or is otherwise objectionable in Garage.Market's sole discretion. You acknowledge and agree that Garage.Market does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

License and prohibited conduct
  • Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal, or non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services, including those relating to data security and data privacy, such as the Garage.Market Privacy Policy and these Terms. Garage.Market may revoke this license at any time, in its sole discretion. Upon any such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.

  • Prohibited Uses. Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:

    • post User Content that: (1) harasses, abuses, or threatens any other person, or that contains obscene content; (2) is false, misleading, or inaccurate; (3) degrades or discriminates against others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or any other classification; (4) is indecent, offensive, harassing, violent, hateful, inflammatory, unlawful, harmful, tortious, defamatory, libelous, or invasive of another's privacy; (5) promotes sexually explicit or pornographic material, violence, or any illegal acts; (6) infringes the legal rights of any person or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms; or (7) gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
    • use the Services for benchmarking, or to compile information for a product or service;
    • copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, "mirror", duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms, or with the prior written consent of Garage.Market;
    • scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any API provided or approved by Garage.Market;
    • breach the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
    • post material that advocates illegal activity or discusses illegal activities with the intent to commit them;
    • post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling", "lock out", "metering" device, or any malicious code);
    • post or do anything that could disable, overburden, or impair the proper working of the Services;
    • post material that impedes or otherwise prohibits communication or disrupts user discussion;
    • post, utilize, or otherwise make available any other party's intellectual property unless you have the right to do so, or remove or alter any copyright, trademark, or other proprietary notice contained on the Services;
    • post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
    • falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody, including use of a false email address;
    • solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
    • send spam, commercial electronic messages or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Services;
    • frame, inline link, or similarly display the Services or any portion of the Services;
    • breach these Terms, or any guidelines or policies posted by Garage.Market;
    • facilitate violations of these Terms or the Privacy Policy; and/or
    • interfere with any other party's use and enjoyment of the Services.
Legal compliance

You acknowledge, consent, and agree that Garage.Market may access, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by Garage.Market's Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to claims that any content violates the rights of third parties; (4) to respond to your requests for customer service; (5) to protect the rights, property, or personal safety of Garage.Market, its agents and affiliates, its users, and the public; and/or (6) in connection with the operations of your account. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.

Privacy

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy, which is incorporated by reference into these Terms.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as set forth below in Warranties, disclaimers and limitation of liability Section. Accordingly, some of the below limitations may not apply to you.

Warranties, disclaimers and limitation of liability

To the fullest extent permitted by law, the services and its contents, whether provided by Garage.Market, its licensors, its vendors, or its users, and other information on or accessible from the services, are provided "as is" without warranty, representation, condition, or guarantee of any kind, either expressed, legal, or implied, including but not limited to any implied warranties, representations, conditions, or guarantees of quality, merchantability, fitness for a particular purpose, title, or non-infringement, all of which are disclaimed. specifically, but without limitation, Garage.Market does not warrant that: (i) the information available on the services is free of errors; (ii) the functions or features (including, but not limited to, mechanisms for the downloading and uploading of content) will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) the services or the server(s) that make the services available are free of viruses or other harmful components or that the services cannot be subject to unauthorized access to content or data.

To the fullest extent permitted by law, in no event shall Garage.Market or its affiliates, licensors, vendors, or any of their respective directors, officers, employees, agents, or other representatives be liable to you or any other person or entity for any damages, whether direct, indirect, special, incidental, consequential, punitive, or otherwise (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection with the services, any materials, information, or recommendations appearing on the services, or any link provided on the services, whether or not Garage.Market has been advised of the possibility of such damages and whether based upon warranty, contract, tort (including negligence), civil liability, strict liability, violation of statute, or otherwise. in any event, our aggregate liability will not exceed the amount paid for the product or service to which the claim relates or, if the claim does not relate to a product or service, $10.

Garage.Market does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any website featured or linked to through the services, and Garage.Market will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Garage.Market will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from the foregoing. The foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.

Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend, and hold Garage.Market and its respective officers, directors, employees, members, shareholders, or representatives (and all successors and assigns of any of the foregoing), harmless from and against any claim or demand, including without limitation, reasonable lawyers' fees and disbursements, made by any third party in connection with or arising out of your use of the services, your connection to the services, your violation of the terms or Garage.Market Privacy Policy, your violation of an applicable law, your submission, posting, or transmission of user content to the services, and/or your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

Third-party links and services

The Services may provide (1) information and content provided by third parties; and (2) links to third-party websites or resources. Garage.Market is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Garage.Market shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties' own terms of service and privacy policies, and any other similar terms.

Modification and termination
  • Modification of Services. Garage.Market reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. Garage.Market shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

  • Termination. We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post termination, including without limitation, and as applicable, the Mandatory Arbitration and Class Action Waiver provisions. Termination of your account may also include, at Garage.Market's sole discretion, the deletion of your account and/or User Content, and you will not be able to retrieve any information related to your account except as required by applicable law. If we terminate your right to access the Services, you will remain liable for all amounts due up to and including the date of termination.

Notice of intellectual property infringement

In accordance with the INtelectual Property laws, it is the policy of Garage.Market, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Services, please provide substantially the following information to our Support by email:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of your copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material you claim is infringing is located on the Services (providing us with website URL is the quickest way to help us locate content quickly);
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Controlling law

Please note that these Terms and their subject matter and its formation shall be construed in accordance with and governed by the laws of the Grand Duchy of Luxembourg notwithstanding its conflicts of law principles. Nothing in these Terms affects your rights as a consumer to rely on any such local law mandatory provisions and legal rights.

Any dispute arising out of these terms and conditions or the use of this site shall be initiated and conducted in the Grand Duchy of Luxembourg, and you and Garage.Market consent to the exclusive jurisdiction of such courts.

General terms
  • Force Majeure. Under no circumstances shall Garage.Market or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

  • No Waiver. If we fail to insist that you perform any obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.

  • Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

  • Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

  • Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Garage.Market, and supersede any prior agreements between you and Garage.Market on the subject matter, except as expressly provided herein. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Garage.Market without restriction. These Terms bind and inure to the benefit of each party and the party's successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Garage.Market. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

  • Notices. We may deliver notice to you by email, posting a notice on the Services or any other method we choose, and such notice will be effective on dispatch.