This site ("Site") is provided by Campbell-Ewald and vSocial on behalf of General Motors Corporation ("GM") for your personal entertainment, information, education, and communication. The mailing address for GM is 482-C30-B36, 300 Renaissance Center, Detroit, MI 48265 USA . Your access to and use of this Site is subject to the following Terms of Use (this "Agreement. Please read this Agreement and indicate your acceptance by following the instructions in the posting process. If you do not agree to this Agreement, please do not use this Site.
We reserve the right, at our sole discretion, to modify, restrict, change, or otherwise alter this Agreement or the Privacy Policy, in whole or in part, impose limits on certain features, promotions or services or to restrict, suspend, or terminate your access to all or any part of the Site and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
ELIGIBILITY:
By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 21 years of age or older and that your use of the Site shall not violate any applicable law or regulation. You are solely responsible for all Content published or displayed that you post.
USE OF THE SITE BY CHILDREN:
This Site does not target, through its advertising, appearance, links to other sites or otherwise, children under the age of 13. If you are under the age of 13, or are a parent of a child under the age of 13, please be aware that we do not permit registration by and do not knowingly collect any information from children under the age of 13.
NON COMMERCIAL USE OF THIS SITE:
The Site is for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses should not use the Service or the Site for any purpose. Photos, videos, and Site content are not to be transferred or copied from the Site for use with any other product or service. Do not use this site to submit product complaints. If you wish to make a product complaint, please contact the Chevy Customer Assistance Center at http://www.chevy.com/contactus. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
SUBMISSIONS:
We welcome your comments regarding this Site. Any materials, feedback, notes, messages, ideas, suggestions, photos, videos or other communications (collectively, "Materials") you submit will not be considered confidential. The Materials you submit must, to the best of your knowledge, be true and correct and not violate or infringe upon any rights of any third parties. You agree that you have obtained or will obtain the consent of each and every person who is seen and/or heard and/or referenced in the Materials. GM will be entitled to use, reproduce, disclose, publish and distribute any Materials you submit for any purpose whatsoever, without restriction and without compensating you in any way. Your submission of Materials also constitutes your acknowledgement that you are at least twenty-one (21) years of age.
You are solely responsible for the content of any messages and/or images you submit and GM assumes no liability for any content submitted by you. We may, but are not obligated to, edit, restrict or remove any or all content from a message that we determine in our sole discretion violates these guidelines or is otherwise deemed inappropriate by GM for any reason. GM reserves the right to purge the content you provide after 90 days of creation. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.
If you have ideas concerning business, technical or new devices, please visit gmideas.com.
CODE OF CONDUCT:
1. You understand and agree that GM may, but is not obligated to, review, edit or delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of GM violate this Agreement or are deemed by GM to be inappropriate for any reason, or which might be offensive, illegal, or that might violate the rights, or harm, or threaten the safety of any persons.
2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service. Do not send us any confidential or proprietary information. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any feedback, data, answers, questions, comments, suggestions, ideas, or the like that you do transmit or post to the Site by electronic mail, message boards, file transfer protocol or otherwise ("Communications") will be treated as non-confidential and non-proprietary. By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to GM an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
3. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. GM reserves the right, but does not have the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service. It includes Content that:
1. is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming", or flooding;
4. promotes or contains information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
6. imposes an unreasonable or disproportionately large load on this Site's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise, or which in any way promotes or facilitates any such activity;
7. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
8. displays pornographic or sexually explicit material of any kind;
9. solicits personal information from anyone under 18;
10. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
12. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
4. You must use the Service in a manner consistent with any and all applicable laws and regulations.
5. You may not include in your Post any telephone numbers, street addresses, last names, URLs or email addresses.
6. You may not engage in advertising to, or solicitation of, other persons to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other persons. Although GM cannot monitor Your conduct off the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person without their prior explicit consent.
7. You may not attempt to impersonate another user or person.
8. You may not transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature;
9. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
10. You may not remove any copyright, trademark, or other proprietary rights notices contained in the Site or Content;
11. You may not "Frame" or "mirror" any part of the Site without our prior written authorization;
12. You may not harvest or collect information about Members without their express prior, written consent.
COPYRIGHT:
All content included on this Site is used with the permission of GM, such as text, graphics, logos, icons, images, and audio clips. The content on this Site and any material submitted via this Site is the property of GM and is protected by United States and international copyright laws. You may not distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without GM's express, prior written permission. The software utilized on this site is the property of Campbell-Ewald, vSocial and/or its software suppliers, and is protected by United States and international copyright laws. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials.
TRADEMARKS:
GM Trademarks, logos, and service marks (collectively "GM Trademarks") displayed on the Site are registered and unregistered Trademarks of GM or others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any GM Trademark displayed on the Site without the written permission of GM. Your misuse of the Trademarks displayed on the Site, except as provided in these Terms of Use, is strictly prohibited.
PRIVACY:
Use of the Site and/or the Service is governed by http://www.gm.com/privacy/.
DISCLAIMERS:
Neither GM, Campbell-Ewald nor vSocial are responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site, whether caused by users of the Site, or by any of the equipment or programming associated with or utilized in the Service. Neither GM, Campbell-Ewald nor vSocial are responsible for the conduct, whether online or offline, of any user of the Site. GM, Campbell-Ewald and vSocial assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Neither GM, Campbell-Ewald nor vSocial are responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating in or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will either GM, Campbell-Ewald, or vSocial be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site, or any interactions between users of the Site, whether online or offline. THE SITE AND THE SERVICE ARE PROVIDED "AS-IS" AND GM, CAMPBELL-EWALD AND VSOCIAL EXPRESSLY DISCLAIM ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GM, Campbell-Ewald and vSocial cannot guarantee and do not promise any specific results from use of the Site. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from either GM, Campbell-Ewald or vSocial through or from the service shall create any warranty not expressly stated herein.
LIMITATION ON LIABILITY:
Except in jurisdictions where such provisions are restricted, in no event will GM, Campbell-Ewald or vSocial be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to lost profits arising from your use of the Site or the Service, even if GM, Campbell-Ewald or vSocial has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, GM, Campbell-Ewald or vSocial’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GM, Campbell-Ewald or vSocial for the Service.
OUR RIGHTS:
GM reserves the right to modify or discontinue the Site in whole or in part for any reason, at its sole discretion, with or without notice to Users. Each User agrees that GM will not be liable to the User or any third party for any modification or discontinuance of the Site.
GM reserves the right to interpret and apply the policies and procedures communicated in the Guidelines. All determinations by GM, including determinations of eligibility, shall be final and conclusive in each case.
FRAUD:
Fraud or abuse relating to the registration process, providing of personal information, or redemption of Prizes is a violation of the Guidelines. Users are solely responsible for any fraudulent use that may occur. The Service is provided to an individual User, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate for anything other than individual use.
ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEB SITE IS A VIOLATION OF THESE GUIDELINES. GM RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES:
If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that any dispute shall be governed by the laws of the State of Michigan without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Michigan, City of Detroit.
INDEMNITY:
You agree to indemnify and hold GM, Campbell-Ewald or vSocial and their subsidiaries, affiliates, officers, directors, owners, agents, information providers, licensors, other partners and employees (collectively, the "Indemnified Parties") harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service, or your violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. YOU ACKNOWLEDGE AND AGREE THAT THIS PROVISION COULD SUBJECT YOU TO SUBSTANTIAL MONEY DAMAGES AND PENALTIES IF YOU HAVE NOT ACTUALLY OBTAINED PROPER WRITTEN CONSENT FROM EVERY PERSON SEEN, HEARD, OR REFERENCED IN THE MATERIAL(S).
QUESTIONS:
The Site is provided by GM. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at http://www.chevy.com/contactus.
NOTICE FOR CALIFORNIA USERS:
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
OTHER:
This Agreement, accepted upon use of the Site and further affirmed by posting Materials on the Site, contains the entire agreement between you and GM regarding the use of the Site and/or the Service. The failure of GM, Campbell-Ewald or vSocial to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.