Please read these Lincoln Motor Company – terms of submission (the “agreement”) carefully, as they constitute a legally binding agreement between you (“user”, “you” or “your”) and Ford Motor Company (“Ford”, “we”, “our” or “us”) regarding your submission of (and our use and display of) your original photographs, content, materials and other information (“user content”) made available and provided by you via Twitter, Inc. (“Twitter”), Facebook, Inc. (“Facebook”), Tumblr, Inc. (“Tumblr”), Instagram, LLC (“Instagram”), Vimeo, Inc. (“Vimeo”), Youtube, LLC (“Youtube”), Pinterest, Inc. (“Pinterest”), LinkedIn corporation (“LinkedIn”) and/or any other third party owned and/or operated platforms or services (collectively, “third party platforms”).
1. Compliance and eligibility
By submitting your user content, you expressly understand, acknowledge and agree to comply with:
- this agreement,
- all applicable laws, rules and regulations, and any other applicable terms, conditions and requirements promulgated by Twitter, Facebook, Tumblr, Instagram, Vimeo, Youtube, Pinterest, LinkedIn and any and all other third party platforms or plug-ins that may be integrated with and/or made available via the Lincoln website.
further, you represent, warrant and covenant that:
- you are 18 years of age or older, and
- the user content, your submission of the user content and Ford’s use of the user content does not and will not violate (a) this agreement, (b) any applicable law, rule or regulation and/or any other rights of a third party (for the avoidance of doubt, Ford will not be required to obtain any permission from or make any payment to any third party in connection with the exercise of the rights granted by you hereunder) and/or (c) any applicable terms, conditions or requirements promulgated by any third party platform.
2. Submitting user content
To submit your user content, please read all instructions provided in connection with submitting and uploading user content that may be made available on the applicable third party platform, and complete and provide all necessary submission information requested therein. Additionally, all user content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission also made available via the applicable third party platform, as well as the terms and conditions of this agreement, including, without limitation, the requirements and restrictions set forth in section 3 below. By submitting user content, you also agree and understand that the term “user content” will also include, without limitation, any and all information you submit or we may receive that is related to your user content, including, without limitation, any descriptions and/or captions in connection therewith.
3. User content requirements
You agree that any and all user content you submit shall meet the following requirements and guidelines:
- user content must constitute an original work of entrant, and must be in keeping with Ford’s image, as determined by Ford in its sole discretion.
- user content must not violate this agreement, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, publicity or other rights of any party or entity.
- user content must not be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, illegal, discriminatory or harassing, or display inappropriate activity, behavior or conduct or contain nudity.
- user content must not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
- user content must not be obscene or offensive, crude or vulgar, endorse any form of hate or hate group, gang signs or symbol.
- user content must not contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by any other party, or advertise or promote any brand or product of any kind, without permission.
- user content must not contain any personal identification, such as license plate numbers, personal names, e-mail addresses, websites, webpage links or street addresses.
- user content must not contain copyrighted materials owned by others (including music, photographs, sculptures, paintings, body art and other works of art or images published on or in websites, television, movies or other media) without permission.
- user content must not contain materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission.
- user content must not include look-alikes of celebrities or other public or private figures, living or dead.
- user content must not communicate messages or images inconsistent with the positive images and/or goodwill to which Ford wishes to associate.
- user content must not contain any software virus, worm, spyware, trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- user content must not depict and/or contain any content that is in violation of this agreement and/or any applicable laws, rules or regulations.
For the avoidance of doubt, if any user content you submit contains any material or elements that are not owned by you, and/or which are subject to the rights of third parties, you are responsible for obtaining, prior to submission of such user content, any and all releases and consents necessary to permit the use, display and exhibition of the user content by Ford as set forth herein, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the user content. Ford reserves the right to request proof of these permissions in a form acceptable to Ford from you at any time.
You understand, acknowledge and agree that all user content is the sole responsibility of the person from which such user content originated. in other words, you are solely and entirely responsible for the consequences of all user content that you submit, upload, or otherwise make available to Ford. notwithstanding anything set forth herein to the contrary, Ford is not obligated to use, publish and/or display any user content (in whole or in part). Ford reserves the right, at any time, without notice to you and without limiting any and all other rights we may have under this agreement, at law or in equity, to reject, remove and/or delete any user content that it deems, in its sole discretion, violates the terms and conditions set forth in this agreement and/or any of its standards and practices.
4. Rights granted to Ford
By submitting your user content via the applicable third party platform, you grant Ford an unlimited, worldwide, irrevocable, perpetual and royalty free right and license to use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, host, prepare derivative works of, and otherwise exploit all or any portion of your user content, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, including, without limitation, on Ford’s Twitter, Facebook, Tumblr, Instagram, Vimeo, Youtube, Pinterest and LinkedIn channels, and any other channels, services, and other distribution platforms (including, without limitation via any third party platform (e.g., Twitter, Facebook, Tumblr, Instagram, etc.)), whether currently existing or existing or developed in the future, of Ford (collectively, the “Ford platforms”), for any purpose whatsoever (including, without limitation, for any promotional, advertising and marketing purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Ford. In addition to the foregoing, by submitting your user content via the applicable third party platform, you also grant Ford an unlimited, worldwide, irrevocable, perpetual and royalty free right and license to use your name, image, likeness, performance, photograph, characteristic or other distinctive identification for programming, advertising, publicity and promotional purposes, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in order to exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Ford platforms, and any products, goods, features, functions, capabilities and/or services associated with Ford, including, without limitation, to use and otherwise exploit your user content, without any credit, compensation or accounting to you. You also understand and agree that neither all or any portion of your user content, nor any commercial, advertisement, promotional, marketing or other material associated with your user content, need to be submitted to you for approval prior to use.
Ford does not acquire any title or ownership rights in the user content that you submit and/or make available. After you submit, upload and otherwise make available any user content, you continue to retain any such rights that you may have in such user content, subject to the rights, licenses and privileges granted herein.
6. Release and indemnification
You agree to release, discharge, defend, indemnify and hold Ford, GTB Agency, LLC and each’s successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and operational service providers (collectively, the “released parties”) harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of Lincoln website and any and all features and functionality of the applicable third party platform that allows you to submit and upload your user content, (b) your breach or violation of this agreement and/or (c) your user content, including, without limitation, Ford’s use thereof. Ford reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.
7. Disclaimer and limitation of liability
The Lincoln website and any and all features and functionality of any third party platform that allows you to upload and submit your user content, are provided “as is” with no warranties of any kind, express or implied and your use of same is at your own risk. You are solely responsible for your user content, the representations and obligations under this agreement and for any damages to your computer system or loss of data resulting from use of the Lincoln website or any third party platform. the released parties hereby disclaim any and all warranties, including, without limitation, warranties concerning access to and/or the availability, accuracy, usefulness and/or security of the Lincoln website and any and all features and functionality of any third party platform that allow you to upload and submit your user content, and any other content, material, software and/or other information made available to you, including any warranties of title, non-infringement, merchantability or fitness for a particular purpose or that any third party platform will function or perform in any particular manner.
You understand and agree that, to the fullest extent permissible by law, the released parties, shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Lincoln website or any third party platform, the user content and/or from this agreement, including, without limitation, compensatory, consequential, incidental, indirect, special or punitive damages, howsoever arising or caused, whether foreseeable or not, regardless of the form of action or the basis or characterization of the claim and even if advised of the possibility of damages. Please note that some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this agreement may not apply to you.
8. Governing law
To the extent not prohibited by law, you agree (a) that this agreement, and all disputes, claims, actions, suits or other proceedings arising hereunder and/in connection with your user content, shall be governed by, and construed in accordance with, the substantive law of the state of Michigan applicable to contracts wholly made and to be performed within the state of Michigan, (b) to irrevocably submit to the sole and exclusive jurisdiction of the federal and state courts of Michigan, situated in wayne county, Michigan, and (c) to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Michigan is an inconvenient forum.