1. USE OF NAME, HANDLE, TEXT, PHOTO, AND LIKENESS. I hereby grant to Volvo, its parents, subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the “Permitted Parties”) the right and permission to use my username, real name, image, likeness, descriptions of me, location or other identifying information, including but not limited to my voice, and/or handle, and the text and photograph I’ve posted or have given the Permitted Parties to post to a social media platform such as but not limited to Twitter, Facebook, LinkedIn, YouTube and Instagram (collectively, the “Content”) on the Volvo website, Facebook, Instagram, LinkedIn, YouTube, Twitter, and other social media platforms operated by Volvo (the “Websites”). I agree that the Content may be distributed, published, edited, exhibited, digitized, displayed, reproduced, and otherwise used, on the Websites or in print, anywhere in the world, at any time and in any form, for purposes of advertising or trade in promoting and publicizing the Permitted Parties. I agree that I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content and I irrevocably waive any and all so-called moral right I may have in the Content.
2. COMPLIANCE WITH TERMS FOR THIRD-PARTY PLATFORMS. I acknowledge and agree that in order to post Content on the Websites, I will be in compliance with the terms and conditions of such Websites.
3. TAKEDOWN. If I want my Content removed from the Websites, I will send a written request to Volvo Construction Equipment in Shippensburg, PA, to the attention of the Director, Content Marketing and PR, at 304 Volvo Way, Shippensburg, PA 17257.
4. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. I represent and warrant as follows: (a) I have the right to post and/or grant permission to the Permitted Parties to post the Content; (b) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws; (c) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous or otherwise depicts inappropriate, unsafe, or destructive behavior; (d) the Content does not contain any advertising or other commercial content; and (e) the Content does not depict images of minors under the age of 18. I hereby agree to defend, indemnify and hold the Permitted Parties and their equipment suppliers 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 relating to or arising out of any breach or alleged breach of any of my warranties, representations, or agreements hereunder.
5. NO OBLIGATION TO USE. I understand and agree (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the Websites at any time for any reason in Permitted Parties’ sole discretion. I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous, or that Permitted Parties believe may violate or infringe another’s rights, including, without limitation, privacy, publicity, or intellectual property rights.
6. IMPORTANT. PLEASE READ GENERAL RELEASE AND LIMITATIONS ON LIABILITY. I hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Content, but in no event will attorneys’ fees be awarded or recoverable; and (c) under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek, punitive, incidental, or consequential damages and/or any other damages (other than actual out-of-pocket expenses), and/or any and all rights to have damages multiplied or otherwise increased. I acknowledge and agree that neither the Permitted Parties nor any of their officers, directors, or employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content (including, without limitation, claims, costs, injuries, losses, and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on my rights of publicity or privacy, or a claim that I have been defamed or portrayed in a false light). The Permitted Parties assume no responsibility for any damage to my computer system which is occasioned by accessing any Permitted Party’s website, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. To the extent any term contained herein is deemed by a court to be unenforceable, such offending provision shall be modified but only to the mimimum extent necessary to be enforced. In the event a provision cannot be modified, such offending provision shall be severed from the agreement without affecting the rest of the agreement.
7. GOVERNING LAW. I agree that any and all disputes that I may have with, or claims I may have relating to, arising out of or connected in any way with the Content (or any part thereof), these Terms shall be governed by the laws of the Commonwealth of Pennsylvania and venue for any such claim shall be in its state courts. Each party waives any objection it may have to venue including but not limited to forum non-conveniens.