Policy for User-Submitted Content
Harley-Davidson Motor Company, Inc. (“H-D” or “we”) provide tools that allow users (“you”) of this web site to interact with other users of this web site by posting, viewing, commenting on, or participating in web logs, discussion forums, chat rooms, riding stories, and/or other such features (collectively, “Community Features” or “Community”). This Policy for User-Submitted Content (“Policy”) describes the terms and conditions that are applicable to your use of the Community Features, including the submission of any content (“Content”) that you provide to a Community. This Policy applies to any web site on which this Policy may be posted including, without limitation, Harley-Davidson.com, Buell.com, Members.Hog.com, and Hog.Com (“Web Site”).
BY SUBMITTING CONTENT TO THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE THAT THE TERMS AND CONDITIONS STATED IN THIS POLICY APPLY TO YOUR INTERACTIONS WITH ANY WEB SITE COMMUNITY AND THAT GOOD AND VALUABLE CONSIDERATION HAS BEEN PROVIDED TO YOU. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT SUBMIT CONTENT TO THIS WEB SITE OR OTHERWISE ACCESS ANY COMMUNITY FEATURES ON THIS WEB SITE.
All Content to the Community and the comments or opinions expressed therein are those of their respective contributors and do not necessarily represent the views of H-D, its owners, management, or employees. H-D is not responsible and expressly disclaims all liability for the content of any contribution submitted by users of the Community. Without limiting the foregoing, H-D will not be held liable for Content that may infringe a third party’s copyright, trademark, or other intellectual property right.
The nature of some Content may be offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled. You agree that you are fully responsible for any Content that you submit to the Community. Without limiting the foregoing, H-D reserves the right, but is not obligated, to monitor all submissions and exercise editorial control over all such submissions, including without limitation the right to edit, take down or remove any Content. H-D is not responsible for any failure to monitor, review, edit and/or delete any Content submitted to the Web Site through any Community Feature.
All Content are deemed to be provided on a non-confidential basis. If you make a Contribution to a Community, you understand and agree that we may publish your Contribution in its entirety, as an edited version, or not at all, in our sole discretion. We may remove, alter, or otherwise edit Content that we deem inappropriate for any reason, in our sole discretion. You bear all privacy and other risks associated with using the Community Features of this Site. Accordingly, you should avoid posting personal information such as home address or telephone number.
You understand and agree that your username, screen name, and/or full name may be posted along with your Content. To that extent, you do not have the same degree of privacy or confidentiality as you may receive in other areas of the Web Site.
Rules of Conduct
You must abide by the following rules of conduct at all times while using the Community Features of this Web Site. H-D may impose limits on certain aspects of a Community or restrict your access to part or all of a Community without notice or penalty, in our sole discretion and for any reason, including without limitation if we believe you are in breach of these rules of conduct or any applicable law.
- You must be at least 18 years of age (or the age of majority in your state of residence) to submit Content to the Community.
- Content submitted by you must not contain content that is unlawful, libelous, defamatory, sexually explicit, obscene, abusive, violative of any third party’s privacy rights, and/or contains personal information of third parties such as telephone numbers, street addresses, or email addresses.
- Vulgar language and inappropriate material is prohibited. Abbreviations, self-censoring, and attempts to circumvent any censoring features of any H-D’s monitoring program violate these rules of conduct.
- Content promoting dangerous riding or dangerous use or misuse of H-D products will not be posted.
- Content containing confidential, non-public information about H-D and H-D products or services will not be posted.
- The material you post must be original material in which you own the copyright and/or that you have the legal right or license to reproduce, adapt, display, and/or distribute the material to others. Do not post photos, video, software, comments, or other content that is violative of intellectual property rights of others (including, without limitation, copyright, trade secrets, and trademarks rights) or violative of any federal, state, local, or international laws or regulations, all of which are expressly prohibited.
- You must not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification. H-D will not tolerate language intended to intimidate or incite violence.
- You must treat other users of the Site as you would expect them to treat you. Do not engage in personal attacks or any type of “flaming” of other users. Do not post topics or opinions that are designed to provoke a negative response from one or more specific users (i.e., “trolling).
- Do not engage in disruptive activity including without limitation persistent off-topic content or comments, or statements designed to incite other users to violate this Policy or these rules of conduct.
- Do not post any instructions, software, or other materials that would harm other users’ computers or allow other users to harm third parties, including without limitation by uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.
- If your Content includes a link to an outside web site, you must ensure that the content of the link and outside web site is appropriate for the Community. This rule applies to mentioning or referencing a web site, even if the mention is not hyperlinked from your post. If you post a link or reference a web site that is inappropriate, H-D may remove it.
- Unless specifically agreed to in writing by H-D, you may not use the Community for any commercial purpose. H-D prohibits any actions to solicit funds, promote commercial entities or web sites, or otherwise engage in commercial activity through the Community.
You agree to defend, indemnify, and hold harmless H-D and its affiliates and all of their employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of theses Rules of Conduct or any other terms stated in this Policy.
Content Ownership and Use
You should submit all Content in electronic format through the Web Site. However, in the event any hard copy materials are sent to H-D, they shall become H-D’s property and will not be returned. Additionally, any Content submitted to or uploaded through the Web Site will also become our property. We have no obligation to retain any Content sent to us. While H-D may use the Content, it also has the right to erase, delete, throw away, dispose of or destroy any Content sent to us in any format without notice.
H-D will decide in its sole discretion what Content to use or not use. H-D makes no promise or guarantee that any Content sent to us will be used in any manner. However, if Content is used, you grant H-D (which includes any and all affiliates, agents, contractors, licensees, sub-licensees, subsidiaries or any third party who obtains the Content from H-D) a worldwide, in perpetuity, non revocable, royalty free, assignable, sub-licensable right to use your name, biographical information and likeness, as well as the name, biographical information and likeness of any other person, whether they be a minor or adult, who appears in the Content, in any and all manners as determined solely by H-D. For purposes of illustration but not limitation, such uses may be for internal purposes, posting on a web site, and marketing, advertising, and promotion of products, merchandise, goods or services in any and all media whether now known or hereafter invented. You will have no right of review and will not be paid any additional consideration or fees as a result of the usage. You hereby warrant and represent that you have the right to grant this license on your own behalf and on the behalf of any person (adult or minor) who appears in the Content as well.
Further, you hereby irrevocably in perpetuity, assign any and all rights (Intellectual Property and other) to the Content including copyrights which you or any third party might hold to H-D. You understand that by the grant of such rights, H-D is considered the owner of all rights in the Content and may do what it desires with the Content without any further consent being required from you or any third party. You warrant and represent that you are the copyright owner of the Content or have acquired the necessary rights from the copyright owner to grant this assignment of right and that the consent of any other person or entity is not required. Furthermore, by granting any of the rights set out above, the rights of any other person or entity are not being violated.
You understand that H-D is relying on your representations and warranties. As such, in the event of any claim of any kind or law suit or other action by yourself or any third party taken against H-D, or any third party using the Content with H-D’s permission, based on H-D’s or any such third party’s use of the Content and/or a claimed breach of the representations and warranties you make in this Agreement (whether said claim is true or not or whether said claim is successful or not), you will be solely responsible for all costs, damages, judgments and expenses (including reasonable attorney fees) which H-D or any third party using the Content with H-D permission incurs as a result of such a claim or action.
Claims of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any user submission or other content on the Harley-Davidson websites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Harley-Davidson's Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Harley-Davidson's designated Copyright Agent to receive notifications of claimed infringement is:
- Name of Agent Designated to Receive Notification of Claimed Infringement: Chief Trademark Counsel
- Full Address of Designated Agent to Which Notification Should be Sent: H-D Michigan, LLC, 315 W. Huron Street, Suite 400, Ann Arbor, MI 48103
- Telephone Number of Designated Agent: (734) 665 -9243
- Facsimile Number of Designated Agent: (734) 665-9643
- E-Mail Address of Designated Agent: IPAgent@harley-davidson.com
Limitation of Liability and Disclaimer of Warranties
By using or accessing the Community Features, you agree that H-D and its owner(s), parent, subsidiaries, affiliates, agents, representatives, consultants, contractors, and legal counsel, and their respective officers, directors, employees, representatives, and agents will have no liability or responsibility whatsoever for, and shall be held harmless by you against, any liability for any injuries, losses, claims, or damages of any kind (including without limitation any special, exemplary, punitive, indirect, incidental or consequential damages) to persons (including personal injury or death) or property, whether based in contract, tort, strict liability or otherwise, resulting in whole or in part, directly or indirectly, from any use or misuse of the Community Features or your Contribution to a Community Feature, any failure or delay by H-D in connection with the Community Features or your Contribution, or the performance or non-performance of the Community Features or your Contribution, even if H-D has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your personal information.
H-D makes no warranty of any kind regarding the Community Features, which are provided on an “as is” and “as available” basis. H-D expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. H-D is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Community Features, including without limitation that the Community Features will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the Community Features. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
In addition to, and without limiting, any other disclaimers stated in this Policy or elsewhere on the Site, H-D makes no representations or warranties about any Contribution posted on or made available through the Community, including without limitation warranties as to the quality, accuracy, completeness, or fitness for any particular purpose of such Contribution. You are solely responsible for determining and confirming the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability, and timeliness of all user-submitted content. The inclusion of any user-submitted content on this Web Site does not imply the endorsement or sponsorship of H-D. You are solely responsible or any and all consequences of any activities, transactions, and relationships that you may conduct or form with other users of this Web Site.