These terms and conditions (the “Terms and Conditions”) constitute an agreement between you and Volkswagen of America, Inc. (“VWoA”), an operating unit of Volkswagen Group of America, Inc., and govern your use of the website (the “Website”) and your submission (a “Submission”) of any material, including without limitation, your comments, name, text, photographs, videos, and any other content or information, (the “Content”) for use on the Website as set forth below.
By using the Website, or making a Submission of any Content to the Website, you are agreeing to be bound by the following terms and conditions. VWoA reserves the right to modify these Terms and Conditions at any time. You are responsible for regularly reviewing these Terms and Conditions and any additional terms and conditions posted to these Terms and Conditions. Your continued use of the Website constitutes your agreement to all such additional terms and conditions. You understand that you must be 16 years of age or older and in possession of a valid U.S. driver’s license in order to submit content.
GRANT OF RIGHTS. By making a Submission of Content, you hereby grant to VWoA, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, the unlimited right and permission to use the Submission or any part thereof, and your name, picture, likeness, voice, performance, and biographical information and well as any other information you provide to VWoA, anywhere in the world, at any time, in any manner, media or venue (whether now known or hereafter devised) and for any lawful purpose whatsoever, including, without limitation, for purposes of advertising, promotion or trade in promoting and publicizing VWoA and its products and services. VWoA shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission in any manner for any purpose that VWoA deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission and you agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of my name, picture, likeness, voice, and biographical information.
RIGHT TO REMOVE. VWoA shall have no obligation (express or implied) to post or otherwise use your Submission (or your name, picture, likeness, voice or biographical information) and VWoA may at any time remove your Submission at any time and for any reason without prior notice. In addition, VWoA shall have the right to prevent any person from using this website at VWoA’s sole discretion.
REPRESENTATIONS AND WARRANTIES. You represent and warrant to VWoA as follows: (a) you have fully complied with all rules, terms and conditions contained in these Terms and Conditions; (b) the statements you make or stories you tell in the Submission as well as any other information you provide to VWoA reflect your honest opinions, findings, beliefs or experiences; (c) you are the only person who appears or whose voice is heard in the Submission, or you have secured all rights from all other persons who appear or whose voice is included in the Submission necessary to allow you to grant to VWoA all rights of such other persons in the Submission; (d) you are the owner of all rights in the Submission, the Submission is completely original and was created solely by you, and the Submission does not incorporate any material that is owned by anyone other than you, or, if you have included any third-party materials (including, for example and without limitation, any photography, artwork, text, copy, trademarks or logos owned by anyone other than you) in your Submission, you have secured all rights in the third-party materials necessary to allow you to grant to VWoA the rights in the third-party materials as detailed in the paragraph above, captioned “Grant of Rights”; (e) you have the right to grant the rights granted herein, and neither the Submission, nor the use of the Submission by VWoA will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. In addition, the Submission does not contain any content: (a) that is defamatory, libelous, abusive, threatening, racist, sexist, homophobic, vulgar, obscene, pornographic, offensive, indecent, or otherwise objectionable; (b) that promotes hatred or physical harm of any kind against any group or individual; (c) anything that is derogatory to members of a particular race, nationality, sex, sexual orientation or religion; (d) that promotes illegal activity; or (e) that contains any advertising or other commercial content.
USER GENERATED CONTENT. You understand and agree that when using the Website, you will be exposed to content posted or submitted by users (collectively, "User Generated Content"), and that VWoA is not in any manner responsible for the User Generated Content, and that VWoA does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such User Generated Content, and that VWoA cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, VWoA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of VWoA or its affiliated or related entities or content providers.
INDEMNIFICATION. You hereby agree to defend, indemnify and hold VWoA, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of your use of the Website, including, without limitation, any use of your Submission by VWoA and any breach or alleged breach of any of your warranties, representations or agreements hereunder.
GENERAL. These Terms and Conditions constitute the entire agreement between you and VWoA. These Terms and Conditions and the relationship between you and VWoA shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. VWoA’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.