Ford - City:One Challenge
Effective Date: March 15, 2019
To the extent there is any conflict between the Privacy Statement and these Terms, these Terms shall control. By using the Challenge website (http://www.challenges.cityoftomorrow.com), you agree to be bound by these Terms, the CHALLENGE RULES and our PRIVACY STATEMENT.
A few important points:
- The following Terms constitute a legal agreement between you and Ford.
- When participating in the Challenge or using the Challenge website, you agree to comply with all applicable laws and regulations.
- You must be at least the age of majority (in the state or territory where you reside) to participate in the Challenge.
- These Terms contain important disclaimers and other provisions that limit our liability to you.
- You retain any ownership rights you have in your User Content, but you grant Ford and its agents certain licenses, and agree that Ford has no liability with respect to your User Content.
- We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Site at any time after such changes are posted. If a material change is made, we will notify you through the Site. Read through any changes, and if you do not agree to them, please stop using the Site.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE SITE IMMEDIATELY.
YOU MAY NOT USE THE SITE IF YOU ARE A RESIDENT OR CITIZEN OF THE FOLLOWING COUNTRIES OR TERRITORIES: THE BALKANS, BELARUS, CUBA, DEMOCRATIC REPUBLIC OF CONGO, FRANCE, GERMANY, IRAN, IRAQ, ITALY, LEBANON, LIBYA, NORTH KOREA, SOMALIA, SUDAN, SYRIA, VENEZUELA, OR ZIMBABWE (EACH A “PROHIBITED COUNTRY OR TERRITORY”).
These Terms apply to your access to and use of the Challenge website (http://www.challenges.cityoftomorrow.com) (the “Site”) which is owned by Ford Smart Mobility, LLC, One American Road, Dearborn, Michigan 48126 United States of America (hereinafter “Ford”, “we”, “us”). These Terms do not alter in any way the terms of any other agreement you may have with us.
By clicking ”Sign Up” and/or using the Site or its features, you agree to be bound by these Terms. You must be at least the age of majority in the country or territory where you reside as of the time of entry (as determined by the laws of your country or territory of residency), and you must NOT be a resident or citizen of a Prohibited Country or Territory in order to accept these Terms, and create a Challenge account.
You may not create account names that are profane or obscene. If we decide any name you have created is profane or obscene, we reserve the right to remove or discontinue your account and your use of the Site.
When you register for an account on the Site, the following rules apply:
- Only provide accurate and current Account Information.
- Inform Ford immediately of any unauthorized use of your account.
- You are responsible for keeping your Account Information secret and anything that happens through your account – with or without your permission. Ford is not responsible for any loss or activity that results from the unauthorized use of your account.
We may suspend or terminate your account or access to the Site at any time with or without notice to you.
By registering for an account, you acknowledge and agree that Ford and its third party service providers may contact you using the information that you provide to us regarding the Challenge and for other Challenge-related administrative purposes.
If you choose to communicate with us, you expressly consent to our representatives contacting you in the manner you request. You may opt-out of receiving Challenge emails by unsubscribing in the email but you may continue to receive communications within your account on the Site. You also agree that we and our third party service providers may contact you via email about any User Content (as defined below).
Postings, ideas, concepts, data, materials, information, content, comments, images, photographs, videos, feedback, polls, survey responses, stories, interviews, Idea Submissions and other forms of submissions (collectively, “User Content”) must conform to these Terms. User Content that does not conform, in Ford’s or its agents’ sole discretion, may be rejected or removed.
You will retain any ownership rights you have in your User Content. You acknowledge and agree that any User Content that you share is not confidential or proprietary, and Ford may use, incorporate or disclose any of your User Content now or in the future in any manner, and you waive any and all related claims that you may have against Ford, its third party service providers or anyone participating in the Challenge. You are solely responsible for your User Content and any consequences of posting or publishing it. You understand that many people from around the world will be able to see your User Content, or other postings and comments to the Site.
If your User Content includes likenesses of third parties or contains content or elements not owned by you, you must be able to provide written legal releases (in a form that is satisfactory to Ford) that permit you to use and exploit such User Content and elements in the manner used and exploited and that permits Ford to use and exploit the User Content and elements in accordance with these Terms.
By submitting User Content, you acknowledge and agree that your User Content may be similar or identical in theme, idea, format or other respects to (a) other User Content submitted in connection with this Challenge or other programs or submitted for other reasons; or (b) other materials developed by Ford or its contractors. You waive any and all past, present, and future claims that any User Content or other works accepted, reviewed or used by Ford may be similar to your User Content, and that you are owed any compensation in connection with such User Content or other works accepted, reviewed or used by Ford.
License. By posting User Content, you grant to Ford an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide, license (sub-licensable through multiple tiers) to (a) use, copy, transmit, distribute, reproduce, modify, create derivative works, adapt, combine with other ideas or works, publish, translate, publicly perform, and publicly display your User Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Content in any manner and for any purpose (including, without limitation, commercial purposes) that Ford deems appropriate in its sole discretion (including, without limitation, to incorporate your User Content or any modification thereto, in whole or in part, into any vehicle, technology, product, or service). Ford reserves the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. Ford may, but is not obligated to, pre-screen User Content or monitor any area of the Site through which User Content may be submitted. You agree that you are solely responsible for all of your User Content. Ford is not required to host, display, or distribute any User Content on or through this Site and may remove at any time or refuse any User Content for any reason. Ford is not responsible for any loss, theft, or damage of any kind to any User Content. Ford does not want to receive any User Content that is an Excluded Item (as defined below).
Excluded Items. The following User Content should not be submitted through the Site (collectively, “Excluded Items”):
- confidential information of any type;
- product styling or design ideas;
- product name, slogan or logos ideas;
- advertisements or marketing proposals (commercials, songs, etc.); and
- business methods or ways of conducting our business (restructuring, acquisitions, etc.).
EXCLUDED ITEMS AND CONFIDENTIAL INFORMATION ARE PROHIBITED ON THE SITE.
Our Obligations. We will review Idea Submissions properly submitted via the Site, according to the Challenge Rules. We have no obligation to use your Idea Submission or any User Content. In return for your acceptance of these Terms and the Challenge Rules, Ford offers a non-confidential, preliminary evaluation of your submitted materials. You agree that Ford is not responsible for any unauthorized use of your User Content (in whole or in part) by third parties.
WE DO NOT ACT IN A CONSULTING CAPACITY. We are not obligated to provide you with an explanation for any Challenge decision or decision Ford may reach. This applies to the original submission as well as to anything you later submit or disclose, orally or in writing during the course of the Challenge. We assume no obligation to tell you something we already knew or have discovered since you submitted your User Content.
The Site and any content (images, logos, text, music, sounds, wallpaper, badges, etc.), data or software made available through or in connection with the Challenge (collectively, “Challenge Content”) is owned by us or used under license. Challenge Content is protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws in your use of Challenge Content, including preventing any unauthorized copying. Except as expressly provided herein, we do not grant any express or implied proprietary rights to the Challenge Content.
Subject to your compliance with these Terms and any other terms communicated in connection with specific Challenge Content, we grant you a non-exclusive, non-transferable, freely revocable, limited right to access, view, use, display and listen to Challenge Content for your personal, non-commercial use only. You agree not to dispute our claims of ownership or validity of our rights in Challenge Content. Except for the rights specifically granted under these Terms, you are not given any right, title or interest in or to the Challenge Content (and any outputs thereof), and we expressly reserve all such rights, titles and interests. You must not use any part of the Challenge Content on the Site for commercial purposes without obtaining a license to do so from us and/or our licensors.
If you violate any of these Terms, your rights will immediately terminate and we may terminate your access to the Site or Challenge Content without notice or obligation to you.
You are solely responsible for your conduct on the Site. Any right or authorization granted to you by us is also subject to the following restrictions.
You acknowledge and agree that you will not do anything on the Site that:
- infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
- is intended for spamming, "chain letters", "pyramid schemes", advertisements of any type, or other advertising or marketing activities that violate these Terms, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users whether on or off the Site;
- is misleading, deceptive or fraudulent, illegal or promotes illegal activities, such as engaging in phishing or otherwise obtaining financial or other personal information or personal data;
- is libelous, defamatory, threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by us;
- interferes with the proper working of the Site or Challenge, or prevents others from using the Site or otherwise participating in the Challenge;
- attempts to circumvent or circumvents any content-filtering techniques we employ, or attempt to access areas or features of the Site that you are not authorized to access;
- facilitates the unlawful distribution of copyrighted content; or
- involves the use of misleading email or IP addresses, or forged headers or otherwise manipulated identifiers to disguise the origin of content transmitted through the Site or to users.
Further, you acknowledge and agree that you will not:
- allow third parties to, create derivative works, use any data mining, robots, or similar data gathering and extraction tools, create a database, download or store Challenge Content other than as licensed above, link or frame Challenge Content, extract, derive or attempt to extract or derive any source code or structure of all or any portion of Challenge Content by reverse engineering, disassembly, decompilation or any other means;
- use Challenge Content in any manner that is unlawful, abusive, defamatory, deceptive, or invasive of another’s privacy;
- use Challenge Content with other content or in a manner that impersonates any person, business or entity, including us;
- interfere, try to interfere, disrupt, or try to disrupt our servers or networks, or disobey any of our network access or security requirements;
- use Challenge Content to engage in conduct that reflects poorly upon or disparages our reputation or goodwill; and
- use Challenge Content in conjunction with adult content or that promotes illegal activities, gambling, or the sale of tobacco or alcohol.
In partial consideration for your right to use the Challenge Content, you hereby grant to Ford, its parents, subsidiaries and affiliates, and their respective officers, directors, employees, agents, and designees a fully paid-up, royalty-free, worldwide, non-exclusive, irrevocable covenant not to sue (and not to assist or provide consent to any third party to sue) under any intellectual property rights which you own or control that relate to the Challenge Materials (including the technologies, programs or services described therein), including any patents to make, have made, use, offer for sale, sell, import and otherwise provide the Challenge Content (or any portion thereof) and to practice any method, process or procedure in connection therewith. You hereby further irrevocably covenant not, in any way, to rely upon or refer to the Challenge Materials, or any portion, functionality or other characteristics thereof, in any assertion or allegation of patent infringement (direct or indirect) or to assist or provide consent to any third party to do so.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR OTHERWISE UNDERMINE OUR LEGITIMATE BUSINESS OPERATIONS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
The Ford name, and all trademarks and logos displayed on the Site are owned or used under license by us. The unauthorized use of any trademark displayed on the Site or included in any Challenge Content is prohibited.
Designated Agent for Copyright Notification
If you believe that any content on the Site infringes your copyright rights, please contact our designated agent for receiving such notifications in writing as follows:
330 Town Center Drive, Suite 800
Dearborn, Michigan 48126
Email address: DMCA@ford.com
Fax number: 1-313-322-7162
Your communication must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512.
Integration with Other Ford Services / Third Party Services
Representations and Warranties
You represent and warrant and agree that: (a) you will use the Challenge Content only for purposes permitted by and in accordance with these Terms and applicable laws and regulations and not for any commercial use, and any future commercial use of the Challenge Content shall be subject to separate terms and conditions; and (b) you are solely responsible for, and neither Ford nor its affiliates have any responsibility to you or any third party for, (i) any User Content, data, or resources that you obtain, transmit or display through the Site or the Challenge Content and (ii) any breach of your obligations under these Terms, any applicable third party license, or any applicable laws or regulations, and for the consequences of such breach.
By submitting any User Content to the Site, you represent and warrant that:
- you are at least the age of majority in the country or territory where you reside, and you are not impersonating anyone else;
- you own all rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to Ford the rights in your User Content described herein;
- your User Content are wholly original and do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you agree to release and allow all creative license/treatment in the production of the User Content as directed by Ford or its agents;
- you voluntarily agree to waive all “moral rights” that you may have in your User Content;
- any information contained in your User Content is not known by you to be false, inaccurate, or misleading;
- your User Content does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Content;
- your User Content does not incorporate materials from a third party website, personally identifiable information or personal data (other than your own);
- your User Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Content will not constitute a notice or allegation of infringement or wrong doing of any kind by Ford, its suppliers, agents or affiliates; and
- your User Content does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Indemnity and Hold Harmless
By using the Site you agree that you will defend, indemnify and hold harmless us and our subsidiaries and affiliates, their respective distributors, dealers, dealer associations, suppliers, licensors, partners and advertising and promotions agencies, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of any use of the Site by or through you including any of its features or services, your breach or alleged breach of these Terms, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.
You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
The Site and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of our control. We are not responsible for any unavailability, interruptions or errors of the Site or its features. We may modify, suspend, or discontinue the Site or any feature at any time without notice. The Site and all the information accessible through it are provided for information purposes only on an “as is” and “as available” basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE, OUR INFORMATION PROVIDERS AND THEIR AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, PERSONAL DATA AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD-PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER WE, OUR INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, OR USE OF MONEY, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO ANY ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE OF THE SITE OR ANY OF ITS FEATURES, FUNCTIONALITIES, CAPABILITIES OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This section does not affect and is not intended to affect, any rights that a consumer has that are not able to be excluded under applicable consumer laws.
These Terms together with any additional terms to which you agree when using particular elements of the Site constitute the entire agreement regarding the Site and any services. Unless and to the extent local law requires otherwise, these Terms are governed by, and construed in accordance with, the laws of the State of Michigan, except in relation to any conflict of law provisions thereof. Unless local law mandates otherwise, all lawsuits arising from or relating to these Terms shall be brought in: (A) the United States District Court for the Eastern District of Michigan, Southern Division in Detroit, as to any claim or proceeding over which it may have jurisdiction; or, (B) the Circuit Court for the County of Oakland, Michigan (6th Circuit – Pontiac) as to all other claims or proceedings. If a court determines that any term or condition in these Terms is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect.
Void Where Prohibited
The Site and its contents are intended to comply with the laws and regulations of the U.S. Although the information on the Site may be accessible outside of the U.S., the information pertaining to the Challenge, Ford or our products and services is intended for use only by residents of the U.S. We reserve the right to limit the provision of the Challenge and our products and services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. THIS SITE AND THE CITY:ONE CHALLENGE IS VOID IN ANY JURISDICTIONS WHERE IT IS PROHIBITED OR RESTRICTED BY LAW.
Updates and Changes
Ford may, in its sole discretion, change these Terms from time to time. Any such changes will be posted along with the new effective date. If you object to any such changes, your sole recourse shall be to cease using this Site in connection with the Challenge. Continued use of the Site in connection with this Challenge following the effective date of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by these Terms. Ford may cease offering the Site or close the Challenge at any time without notice and is not obligated to retain or return any Submission, post or comment. If you do not agree to these Terms or any modification of these Terms, then you must immediately stop using the Site immediately.
- If you have any questions or comment, or wish to send us any notice regarding this Challenge, you can contact us at: