This Terms of Service Agreement (the “Agreement”) is an agreement between you (the “User”, “you”, “your”), and GazZup BV (“GazZup”, “we”, “us” or “our”), a company established and operating under the laws of Netherlands (legal address: Craenakker 3, 5951 CC, Venlo-Belfeld, Netherlands). Please read these Terms carefully.

By reaching access to this website and its content, by using our services and materials, provided on www.GazZup.com (collectively known as the “Website”, including all content available through GazZup.com domain name and/or any sub-domain name is owned, maintained and operated by GazZup) or on our sub-websites (the websites that were created using our services) or visiting GazZup.com or any sub-website, you are agreeing to be bound by all the Terms and conditions of this Agreement, our Privacy Policy, Use of Cookies notice and any other additional Terms, legal notices or guidelines that are or may be established by GazZup from time to time and are incorporated herein by reference.

The term “User” refers to a “Publisher” (which means that you have signed up to utilize our tools to build a website), “Visitor” (which means that you are visiting the Website or any our sub-websites) or a “Member” (which means that you have signed up on one of our sub-websites).

You are responsible for regularly reviewing any updates to this Agreement. If you do not agree to any of these Terms, then please leave the Website and discontinue use of the GazZup services.

  1. GazZup Specification.
  2. Provided Services and Materials.
  3. Publisher’s Website Domain/Subdomain.
  4. Using GazZup Services and Materials.
  5. Prohibited Uses.
  6. User Content.
  7. Termination.
  8. Governing Law and Jurisdiction.
  9. Profit Sharing.
  10. Third Party Websites, Third Party Services, Materials and Links.
  11. Warranty Disclaimer.
  12. Limitation of Liability.
  13. Indemnification.
  14. Security.
  15. Eligibility.
  16. Amendments.
  17. Nonremovable Parts of our Sub-websites.
  18. Advertising on Sub-websites.
  19. Privacy.
  20. Trademark and/or Copyright Infringement.
  21. Terms Posted on Your Website.
  22. Sending Emails.
  23. General.
  24. User Support.
  25. Contact Information.

  1. GazZup Specification.
    GazZup focuses basically on the content, related to automotive industry. You as a Publisher acknowledge and agree that the content of your website should correspond to all or any of the automotive industry topics, such as cars, parts, tuning, car enthusiasts, car shows, classic cars etc. In case your website does not respond to this specification, our services cannot be provided to you.

  2. Provided Services and Materials.
    GazZup provides Users with access to certain services, as described more fully on the Website (“Services”), and materials posted on GazZup.com. These services and materials may include, but not be limited to, software, software documentation, functions, design, layout, all document and media files (including, but not limited to text, data, images, photographs, icons, graphics, video, audio, illustrations and other).

    All these services and materials as well as all GazZup names, trademarks, service marks, logos, taglines, slogans are the exclusive property of GazZup or other parties that have licensed their material or provided services to us and protected by copyrights, trademarks, trade secret law (collectively known as “Intellectual property law”) under local and international laws conventions. GazZup uses only materials which are allowed and permitted for use by the owner(s) of the copyrights and other intellectual property rights therein.

    GazZup has unique and complete control over the Website and reserves the right at any time and for any reason to change, suspend or discontinue any or all of the services, any content, functionality, appearance, including the availability of any feature or part of the content at its sole discretion. You agree not to circumvent, disable or otherwise interfere with security related features of the GazZup.com or features that prevent or restrict the use or copying of any content or enforce limitations on the use of the GazZup.com or any of the content therein.

    We reserve the right to show and post advertising products and other commercial content, add the products of our affiliates on the webpages, including such, which have been created by Publishers. In that case Publishers may get a commission in accordance to paragraph №10.

  3. Publisher’s Website Domain/Subdomain.
    When you create your website, you dispose of the right to choose your own subdomain for your website ("Website Subdomain"). GazZup maintains the ownership of your Website Subdomain and grants you a limited, non-exclusive, non-transferable, non-sublicensable, freely revocable license solely to use the Website Subdomain on the websites. The Website Subdomain you choose for your Website and your account is non-transferable. You will be solely responsible and liable for any activities that occur under your Website Subdomain and account.

    You can also create a website with a domain name that you already have or buy your own domain name at one of domain hosting companies.

  4. Using GazZup Services and Materials.
    GazZup hereby grants you a personal, non-exclusive, non-transferable, revocable, permission (“license”) to use the Website, through a Publisher ID provided by GazZup for one or several accounts held by you, to the extent necessary to access and use the services and materials as set forth in these Terms of Service. You agree to not engage in the use of any of the content other than expressly permitted herein.

    Subject to this Agreement the Publisher shall follow any policies made available to him/her within the Services and shall be responsible for the following:
    • providing current Publisher information (including name, address, email address, phone and fax numbers, etc.) requested by us and keeping your contact information accurate and up-to-date;
    • providing us with all the materials (including, but not limited to, data, text, photos, logo, music, messages, etc.) uploaded, posted or stored in connection with your use of the services (“Content”);
    • providing us with unrestricted access to the Publisher website and/or related accounts as needed for GazZup to provide the Services hereunder;
    • activity that occurs on your account and keeping your password secure;
    • doing everything possible to prevent unauthorized use of the services and to terminate any unauthorized use. Publisher shall promptly notify us of any unauthorized use of, or access to, the services of which he becomes aware;
    • establishing and maintaining a commercial relationship with a financial institution or money transmitter such as a bank, credit card processor or PayPal;
    • sending GazZup a notice of Publisher’s decision to cancel or discontinue the services.

  5. Prohibited Uses.
    You are responsible for all of your use of the Website and agree that you WILL NOT, under any circumstance:
    • provide us with false personal information;
    • sell, loan, sublicense, store, lease, distribute, transmit, recirculate the content, in whole or in part, of GazZup;
    • sell or otherwise transfer your account without our prior permission;
    • copy, reproduce, republish, perform, display, create derivative works of, make available or otherwise provide access to or exploit the Website, in whole or in part, to any person, transfer your account to anyone without first getting our written permission;
    • decompile, reverse engineer, reverse assemble any software or any component or otherwise attempt to discover any source code;
    • use the services and materials for any unlawful purposes or participate in any unlawful acts, including, but not limited to, fraud, money laundering, embezzlement;
    • violate any international, state, federal rights and laws, including our and third parties intellectual property rights;
    • use illegal or offensive content;
    • use hyperlinks to prohibited content on websites;
    • obscure the advertisements we serve on your Website;
    • send or otherwise post unauthorized commercial communication (such as spam);
    • do click fraud (you, as a Publisher, may not click the ads, placed on your website(s), or do any actions, including encouraging other people, in order to generate a charge per click);
    • upload viruses or other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    For violating any of the prohibited uses we reserve the right to suspend or terminate your use of our services without notice and without any refunds.

  6. User Content.
    Anything that you as a Publisher or Visitor / Member upload, post or otherwise make available on GazZup.com and website(s) created by you is referred to as “User content”, which you as a Publisher own, control and are solely responsible for. GazZup does not claim any ownership rights in any texts, files, photos, images, videos, sounds, comments, graphics, logos and other materials, collectively referred to as “User content”. Consequently, GazZup takes no responsibility for any User content located on GazZup.com or our sub-websites and has no obligation to monitor such content. You as a Publisher are responsible for any content that may be lost or unrecoverable through your use of the services. You are encouraged to archive your content regularly and frequently.

    You may not, under any circumstances, add illegal or offensive content (“Prohibited content”) on GazZup.com or our sub-websites. The following is the partial list of Prohibited content and activities, which includes, but is not limited to:
    • intellectual property rights infringements;
    • consumer protection law breaches;
    • privacy-invading material;
    • terrorism related content;
    • content constituted or contributed to a crime or tort;
    • discrimination, based on incitement to hatred towards individuals or groups because of their race, religion, sexual preference or other social/cultural factors;
    • child abuse content;
    • pornographic content, or that contains nudity, advertising for adult content or violence;
    • defamatory material.

  7. Termination.
    This Agreement will begin (from when you will be legally bound by the Terms of this document) in accordance with the Registration date (the date when you register on GazZup.com) and automatically renew for successive terms or otherwise continue until termination in accordance with this Agreement.

    GazZup may suspend or terminate the services immediately with or without notice to User for any or no reason, or if we determine, in our sole discretion, that you have failed to comply with any of the Terms of this Agreement. In any case the balance of your website is not refundable thereafter. Services may be terminated by you for any or no reason by contacting us and sending termination request. To effect your termination request, we may require you to provide us with your user name, password and a verification or authorization code. Upon termination, we have the right to delete all data or other information that is placed in your account.

  8. Governing Law and Jurisdiction.
    These Terms, any actions related thereto, including but not limited to their interpretation and any disputes arising out of it shall be governed by the substantive and procedural laws of the Netherlands, without regard to or application of its conflict of law provisions country of residence. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state courts located in Netherlands and you hereby submit to the personal jurisdiction of such courts for the purpose of resolving any dispute relating to these Terms or access to or use of the services by you.

  9. Profit Sharing.
    By creating your own website using our services, you are agreeing that we reserve the right to place different advertising products of our Advertisers (see paragraphs №17, №19) on your website. For generating sales and leads through your website we will get a profit that will be shared with you. The minimum sum you can withdraw from your balance is 20 Euros (€).

  10. Third Party Websites, Third Party Services, Materials and Links.
    The Publisher has full responsibility and liability for any services and/or materials, provided by any third party websites and used by you on/through your website(s), created using our services. You realise that by using third party websites you may be exposed to content that is offensive, indecent or objectionable and that you use the websites at your own risk. These third party websites, their services and all kind of materials may provide links to other websites, resources, products or information that are not operated, controlled, endorsed or approved by us. You acknowledge and agree that your access or use of any third party websites and all related links is governed solely by the Terms of use and conditions of such third party websites. GazZup is not liable for any damage or loss caused or alleged to be caused by/in connection with use of or reliance on any such services, content, products, available on/through any third party websites or resources.

    If there takes place any dispute between you and any third party (including any End-user), GazZup is under no obligation to become involved. You irrevocably waive any claim against us, our officers, directors, employees, successors and agents with respect to such third party websites.

  11. Warranty Disclaimer.
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    YOUR USE OF THE WEBSITES, INCLUDING ALL SERVICES, MATERIALS, ADDONS, PRODUCTS, CONTAINED IN OR OFFERED THROUGH GAZZUP.COM, OUR SUB-WEBSITES, AS WELL AS THIRD PARTY WEBSITES IS AT YOUR SOLE RESPONSIBILITY AND RISK. GAZZUP.COM, OUR SERVICES AND MATERIALS ARE PROVIDED ON “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

    WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, PARTNERS, AFFILIATES, LICENSORS AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING COMPLETENESS, RELIABILITY, UNINTERRUPTIBILITY, FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, LEGALITY, ACCURACY, QUALITY, USEFULNESS, SECURITY, PERFORMANCE, AND SUITABILITY OF THE WEBSITE, OUR SERVICES AND MATERIALS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR OTHERWISE OBTAINING OF ANY SERVICES, MATERIALS, SOFTWARE, AS WELL AS, THIRD PARTY CONTENT. YOU ACKNOWLEDGE THAT GAZZUP BV SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND FOR THE RISK OF HARM OR DAMAGE FROM THE FOREGOING.

    WE MAKE NO WARRANTIES AND REPRESENTATION THAT GAZZUP.COM, OUR SERVICES AND MATERIALS ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

  12. Limitation of Liability.
    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN AGREEMENT, TORT, NEGLIGENCE OR OTHERWISE, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, PARTNERS, AFFILIATES, LICENSORS AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, ICIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA ON YOUR COMPUTER OR OTHERWISE, LOSS OF GOODWILL, SALES OR BUSINESS) ARISING FROM/IN CONNECTION WITH USE OF THE WEBSITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON/THROUGH THE WEBSITE (EVEN IF GAZZUP BV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

  13. Indemnification.
    You agree to indemnify, defend and hold harmless GazZup and its directors, officers, employees, successors, agents, affiliates from and against any or all liability, obligations, claims, proceedings, demands, damages, losses, expenses, debts or costs (including but not limited to attorneys' fees), arising from or related to: 1) use of your account on GazZup.com, including the services and all materials, which are available through the Website; 2) use of GazZup sub-website(s), including your own; 3) use of any third party content 4) your content; 5) breach or violation of this Agreement or / and third party rights by you or anyone utilizing your account.

  14. Security.
    You are fully responsible for the control and security of sub-website(s), created by you, your content, all activities that occur under the account and any other actions taken in connection with the Website. In case of any unauthorized access or use of your account you need immediately notify us in writing. You as a Publisher acknowledge and agree that you are responsible for all damages which occur because of your omissions in any aspects of security obligations.

  15. Eligibility.
    The use of GazZup services is void where prohibited. By using our services, you represent and warrant that: 1) you are 13 years of age or older; 2) all registration information you submit is truthful and accurate; 3) your use of the GazZup BV services does not violate any applicable law or regulation. We may delete sub-website(s) created by you, without warning, if we believe that you are less than 13 years of age.

    Minors are not allowed to purchase any paid services or any Charged Add-ons (as defined above, in paragraph №9) and to get a profit (see paragraph №10). Accordingly, by purchasing such services User declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without the need for any additional approvals or consents.

  16. Amendments.
    GazZup reserves the right, in our sole discretion, to amend, add, modify and change any part of this Agreement at any time, effective upon the date of the changes. We will notify you about the changes of this Agreement by posting a notice on our Website. In this regard, we encourage you to visit this page periodically to monitor any changes. Your continued use of this Website, following the posting of any changes, will signify your acceptance of those changes. The revised version will apply to you immediately if you are the User who registers or first uses the website(s) on or after the posting of the revised version.

  17. Nonremovable Parts of our Sub-websites.
    YOU MAY NOT, UNDER ANY CIRCUMSTANCES, REMOVE, HIDE OR ALTER TWO COMPONENTS OF OBLIGATION FROM YOUR WEBSITE: ADVERTISEMENTS OF OUR AVERTISERS AND ONLINE STORES. KEEPING THESE PARTS ON YOUR WEBSITE IS IN YOUR AND OUR BEST INTERESTS.

  18. Advertising on Sub-websites.
    GazZup has the right to serve the third party, who has joined GazZup.com as an Advertiser, advertising on your Website. No one but Advertisers are responsible for ensuring that their ads comply with all applicable laws, statutes, and regulations. However, we may suspend or terminate providing services to Advertisers in case of violation of any GazZup.com legal Agreements and/or Policies, which are effective now or will become effective in the future. If you suspect a violation of international law and/or your rights by Advertisers, you can contact us at any time (contact information below). We place a high value on international law, as well as your and our reputation.

    YOU, AS A PUBLISHER, HAVE NO RIGHT TO PUT YOUR OWN ADVERTISING ON YOUR WEBSITE AND TO REMOVE, HIDE OR ALTER THE APPEARANCE OF ADVERTISING SERVED ON YOUR WEBSITE BY GAZZUP BV. However you may get a profit (as defined above in paragraph № 10) from advertising on your website.

  19. Privacy.
    Any information that you provide to GazZup is subject of GazZup Privacy Policy, which explains why we store your information, including your personal data, how we treat it and how we protect your privacy when you use our services. We care about the privacy of our users. Your personal information, data, statements and content may be stored and processed, including the transfer of this information to the Netherlands and other countries, in accordance with our Privacy Policy.

  20. Trademark and/or Copyright Infringement.
    GazZup supports protection of intellectual property. If you believe that your copyrighted works are infringed and you would like to submit a trademark claim for violation of trademark or service mark, registered by you, and/or a copyright claim for material, on which you hold a bona fide copyright, you may send us a notification of claimed copyright infringement.

  21. Terms Posted on Your Website.
    By generating your website(s) we will draft a User Agreement, Privacy Policy, Use of Cookies notice and other needed agreements, policies and legal notices that are at least as protective as these Terms and other GazZup legal agreements. They will be added automatically to your website(s). You are agreeing to create conditions that will help you and your users to comply with all terms of these agreements for the purpose of secure access and use of your website(s).

  22. Sending Emails.
    We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. We also provide email links, as on our Contact page, to allow you to contact us directly. We strive to promptly reply to your messages.

    The information you send to us may be stored and used to improve this Site and our services, or it may be reviewed and discarded.

  23. General.
    You agree to comply with all agreements, policies and legal notices applicable to GazZup.com, and those of our third party Paid Service providers, whose policies are either posted on the Sites or provided to you by a link in these Terms of Service. In addition, you agree to comply with all applicable laws. The failure of GazZup to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

    The parties are independent contractors with respect to each other. This Agreement does not confer any third party beneficiary rights. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part, without our prior written consent. You need to notice that your account is non-transferable. We may assign this Agreement, in whole or in part, at our sole discretion without your consent and without notice. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations. If you do not comply with these Terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

    A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to, wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”

    A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  24. User Support.
    If you have any questions or suggestions regarding our Terms of Service Agreement please visit our FAQ where you can find answers to most common questions or visit our Support page to contact the support team.

  25. Contact Information.
    If you have any questions or suggestions regarding our Terms of this Agreement please contact GazZup.

    Skype : GazZup-Support
    Telephone : +31 77 355 6180
    Email : GazZup-Support@GazZup.com

    All correspondence should be sent to: Craenakker 3, 5951 CC, Venlo-Belfeld, Netherlands