Digital Millennium Copyright Act Policy, Notice and Takedown Procedure

It is our policy to expeditiously respond to proper notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA), (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).

It is expected that all users of any part of WhichCar.org will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating contributors, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the creator of the affected content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

INFRINGEMENT NOTIFICATION: Filing a DMCA Notice of Copyright Infringement

Upon receipt of proper notification of claimed infringement, WhichCar.org will follow the procedures outlined herein and in the DMCA.

To file a notice of infringement with WhichCar.org, you must provide a written communication (by email, fax and mail) that sets forth the information specified in the list below.

Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

• Your contact information, including your name, address, telephone number, and, if available, an email address at which you, as the complaining party, may be contacted;
• The statement: “I am the copyright owner or an agent authorized to act on the owner’s behalf of the following copyrighted material:”;
• Identify with sufficient detail the copyrighted content that you believe has been infringed. (For example, “The copyrighted image at issue is the “Content Title” which can be described as “Description: literary work, image, etc.” by “name of the author”, including any federal registration information if available);
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WhichCar.org to locate the material (e.g. “Title of Article” at this location: https://whichcar.org/link-to-article/);
• The following statement: “I have a good faith belief that use of the aforementioned material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
• The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate”; and
• Sign the document.
• Send the written communication (by email, fax or mail to) our designated Copyright Agent to receive DMCA Notices:

Counter Notification

The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.

To file a counter notification with us, you must provide a written communication (by regular mail) that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

• 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 access to it was disabled;
• Your name, address, telephone number, and, if available, an email address at which you may be contacted;
• The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
• The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
• The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
• Sign the document.
• Send the written communication (by email, fax or mail to) our designated Copyright Agent to receive DMCA Notices:

Upon receipt of such counter notification, WhichCar.org will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that WhichCar.org will replace the removed material or cease disabling access to it in 10 business days. WhichCar.org will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers

In accordance with Section 512(i)(1)(A) of the DMCA, WhichCar.org will, in appropriate circumstances, disable and/or terminate the accounts of contributors who are repeat infringers.

The post WhichCar Copyright appeared first on WhichCar.org.

The laws of the State of Florida govern the content on this site. By accessing this site, you agree to the jurisdiction of the state and federal courts within the state of Florida.

Copyright & Ownership

The information contained in this website including all text, images, graphics, logos, button icons, audio clips, digital downloads, data compilations and other materials is the property of WhichCar.org or its content suppliers protected by copyright law. All rights reserved. The name WhichCar.org, as well as its logos, may not be used without prior written consent. You may not copy, reproduce, distribute or post electronically the information contained on our site without written consent of WhichCar.org. You are permitted to print a copy or download information from the site for reference and personal use.

If you believe any materials on this site infringe your copyright, you may request removal of those materials from this site by emailing info@inkds.com.

Privacy Policy

Personal information transmitted to us will be treated in accordance with our Privacy Policy.

Links to Third Party Sites

Our site may contain links to websites other than WhichCar.org (third party sites). WhichCar.org works with affiliates, who sites may be linked to from our site. We also provide links to other sources with whom we are not affiliated. These links are for your convenience, and WhichCar.org does not endorse or accept any responsibility for the contents of any third party sites.

Consent to Contact

By submitting a form, you give WhichCar.org and its affiliates consent to contact you at the phone number provided either in person, using an auto-dialer, prerecorded message, SMS text message, or by email. Any information provided to WhichCar.org will be shared with its affiliates.

Disclaimer

Generally, we provide information intended to help users navigate auto entertainment, opinion and news.

This Privacy Policy was last updated on March 14, 2022.

Privacy Policy Updates

This Privacy Policy is current as of the “updated” date which appears at the top of this page. We may modify this Privacy Policy from time to time. When changes are made to this Privacy Policy, they will become immediately effective when published in a revised Privacy Policy posted on our website, unless otherwise noted. We may also communicate the changes through our services or by other means.

Please review this Privacy Policy carefully. By submitting your Personal Information to us, by registering for or using any of the services we offer, by using our website, or by voluntarily interacting with us, you consent to our collecting, using and disclosing your Personal Information as set out in this Privacy Statement, as revised from time to time.

Meaning of Personal Information

“Personal Information” means information about an identifiable individual. This information may include (without limitation) your name, mailing address (including postal code or zip code), e-mail address, telephone number and payment information.

Personal Information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as (without limitation) your name, position name or title, work address, work telephone number, work fax number or work electronic address.

Personal Information also does not include information that has been anonymized or aggregated in such a way that there is no serious possibility it can be used to identify an individual, whether on its own or in combination with other information.

Your Consent to Collection, Use and Disclosure

We collect, use and disclose your Personal Information with your consent or as permitted or required by Canadian privacy laws. How we obtain your consent (i.e., the form we use) will depend on the circumstances, as well as the sensitivity of the information collected. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the Personal Information in question.

If you choose to provide Personal Information to us, we assume that you consent to the collection, use and disclosure of that Personal Information as outlined in this Privacy Policy, when deemed appropriate.

If you wish to withdraw your consent to our collection, use or disclosure of your Personal Information, please contact us at info@inkds.com. However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services.

If you provide Personal Information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect, use and disclose his or her information as described in this Privacy Policy under all applicable circumstances.

Personal Data Collected

These technologies include cookies. We track and store data about how you visit and use WhichCar.org Services, particularly through our websites. The items we log include:

• Your full name;
• Your billing address;
• Your telephone number;
• Your payment information;
• Your IP address;
• Your location;
• Your operating system;
• Your browser;
• Your browser language;
• The URLs of any pages you visit on our sites and apps; and
• Other usage information.

If you are accessing our website through a social media account, please refer to the social media provider’s privacy policy for information regarding their data collection.

We combine this data with other information we collect about you. If your browser doesn’t accept our cookies, you can’t access certain parts of our websites (e.g., your account on WhichCar.org).

Log Files

Like most standard Web site servers, we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/timestamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use.

Cookies

A cookie is a piece of data stored on the user’s computer tied to information about the user. We and some of our business partners (for example, advertisers) use cookies on our Website. These cookies track usage of the site for security, analytics, and targeted advertising purposes.

We use the following type of cookies:

• Essential cookies: these cookies are essential to the provision of our Website.
• Functionality cookies: these cookies help us remember choices you have made while on our website, remember your preferences, and personalize your Website experience.
• Analytics and performance cookies: these cookies help us collect statistical and analytical usage to help up analyze website usage.
• Social media cookies: These cookies allow you to interact with content on certain social media platforms, such a “liking” our articles. Depending on your social media setting, the social media network will have record of this and may display your name or identifier in relation to this action.
• Advertising and targeted advertising cookies: these cookies track your browsing habits and location to provide you with advertising in line with your interests. Please see our “advertisers” section below for details.

If you wish to disable cookies, you may do so through your individual browser options. For further information regarding cookies and how to manage them, please see http://www.allaboutcookies.org/.

Purpose of Data Collection

We use the information we collect in order to:

• Administer our Website, including troubleshooting, and statistical or data analysis;
• To improve our Website and enhancing user experience by ensuring you have access to personalized content in line with your interests;
• Analyze user use and optimize our services.
• To ensure that our Website remains secure and is not subject to any hacking or fraud.
• Share information with our partners to provide targeted advertising and social media features.

We may use your Personal Information for purposes for which we have obtained your consent, and for such other purposes as may be permitted or required by applicable law.

We may use the information we collect to advertise third party products and services or targeted advertising of WhichCar.org products and services across third party websites or service offerings.

Security

We have implemented physical, organizational, contractual and technological security measures with a view to protecting your Personal Information and other information from loss or theft, unauthorized access, disclosure, copying, use or modification. We have taken steps to ensure that the only personnel who are granted access to your Personal Information are those with a business ‘need-to-know’ or whose duties reasonably require such information.

Our servers comply with ISO 27018, a code of practice that focuses on protection of personal data in the cloud. We comply with all reasonable precautions in order to ensure your data’s safety.

In the event that we become aware of any data security breach, alteration, unauthorized access or disclosure of any personal data, we will take all reasonable precautions to protect your data and will notify you as required by all applicable laws.

Despite the measure outlined above, no method of information transmission or information storage is 100% secure or error-free, so we cannot guarantee absolute security.

Retention of Data

We store your personal information for twelve (12) months, or longer if permitted by law. This means we might retain your personal information even after you close your account with us.

When deciding how long to keep your information, we consider:

• Whether we are subject to any legal obligations (e.g., any laws that require us to keep transaction records for a certain period of time before we can delete them)
• Whether we have taken any legal positions (e.g., in connection with any statutes of limitation).

Rather than delete your data, we might de-identify it by removing identifying details.

Sensitive Personal Information

We generally don’t want to gather any sensitive information about you. This includes:

• Your social security number
• Your racial or ethnic origin
• Your political opinions
• Your religion or other beliefs
• Your health, biometric or genetic characteristics
• Any trade union membership
• Any criminal background

There are rare situations when we request this information (e.g., a reader survey asks about your political leanings), but you can decline to answer. Outside those situations we would prefer you never share that information with us.

Age

This Website does not target people below the age of 16. By visiting this Website. You hereby warrant that you are 16 years of age or older or are visiting the Website under parental supervision.

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on any of our sites.

Limitation of Liability and Indemnification

You agree to indemnify and hold us, our affiliates, and any of our representatives harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees and expenses of litigation and arbitration) arising out of or in any way connected with (a) your access to or use of our services; (b) the breach of these Terms of Use; (c) any attorney that provides or fails to provide services to the user; (d) any disputes between you and a third party. If there is liability found on the part of WhichCar.org. It will be limited to the amount paid for our services. Under no circumstances will there be consequential or punitive damages.

Dispute Resolution By Binding Arbitration

We believe we will be able to resolve any disputes or issues you may have regarding our site and services by emailing info@inkds.com. In the event that we are not able to resolve a dispute or issue, you agree to the following resolution process.

We each agree to resolve disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration uses a neutral arbitrator instead of a judge or jury and is less formal than a lawsuit in court. We each agree that each party will assert claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. The arbitrator has no authority to arbitrate claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate claims of more than one person in a single arbitration. We each agree to waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration on all claims. Small claims are not subject to arbitration. We each agree that either party may bring individual claims in small claims court. Either party may initiate an arbitration proceeding, which will be conducted by a single arbitrator. We each agree to initiate arbitration before JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider (“ADR Provider”). In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. If an in-person hearing is required, then it will take pace in Orlando, FL, unless the claimant resides outside the United States, in which case the arbitrator will give each party reasonable notice of the date, time and place of any oral hearings. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

Unsolicited Submissions

WhichCar.org does not want you to submit confidential information to us through this site except as it may be required in connection with your use of our services. All information or material submitted to WhichCar.org through this site shall be considered non-confidential and the property of WhichCar.org.

Notice

The information published at this web site is educational in its nature and should not be construed as legal advice. WhichCar.org shall not be liable for any medical or legal outcome arising out of or relating to a user’s interpretation of our content.

WhichCar.org is not responsible for any damages such as viruses or computer problems resulting from the use of or association of any links to or from the site. In addition, WhichCar.org is not responsible for any data, server information or replacement hardware resulting from any damages associated with outbound or inbound links.

The post Terms & Conditions appeared first on WhichCar.org.

WhichCar.org: We are a team of experts who each vehicle, taking into account factors such as performance, comfort, features, and value. We also provide comparison tools to help you compare different models and make an informed decision when buying a car. Whether you’re in the market for a new car or just curious about the latest models, WhichCar is your go-to source for all things automotive. We were created and owned by Ink Design Studio LLC.

Comments

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

How long we retain your data

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Visitor comments may be checked through an automated spam detection service.

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