Volkswagen reminds you that the App is designed and intended for use while your car is not in motion. DO NOT USE OR OTHERWISE ENGAGE WITH THE APP OR YOUR MOBILE DEVICE WHILE DRIVING.
License to the App/List of Restrictions
Volkswagen grants you a non-exclusive, non-transferable, limited right and license to access, use and display the App and the materials thereon for your personal use only, provided that you comply fully with these Terms. Neither the App nor any element thereof, including, without limitation, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted, or distributed, except as may be specifically authorized to you by Volkswagen for posting on your personal social network accounts. You may not modify or prepare derivative works based upon the App, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the App. You shall not interfere or attempt to interfere with the operation or use of App in any way through any means or devise including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.
Changes to App and/or Terms of Service
Volkswagen reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, interrupt, suspend, remove, revise, delete or otherwise change any portion of the App or these Terms, in whole or in part, at any time without further notice. The most current version of these Terms will be available through the App and will supersede all previous versions of these Terms. Should you object to any such changes, your only recourse is to immediately discontinue use of the App. You understand and agree that your continued access to or use of the App after the effective date of modifications of the Terms indicates your acceptance of the modifications.
Reservation of Intellectual Property Rights
All rights, titles, and interests in and to this App and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, images, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Materials”) that relate to the App are owned by or licensed by Volkswagen or other third parties, and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties, including, without limitation, the Berne Convention. Except as expressly permitted in writing by Volkswagen or other third party host, you shall not and shall not assist, encourage or enable others to capture, reproduce, perform, transfer, sell, license, modify, creative derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in these Terms or on the App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Volkswagen or such third party that may own the Material or intellectual property displayed on the App. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL OR THE APP IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms will violate these Terms and may infringe upon our rights or the rights of the third party that owns the affected Material.
All trademarks, service marks, and trade names are proprietary to Volkswagen. In particular, the Volkswagen logo, the word “Volkswagen,” all Volkswagen vehicle names, and all Volkswagen advertising slogans are registered trademarks. None of the items mentioned herein may be used without the express written consent of Volkswagen. All rights not expressly licensed hereunder are reserved by Volkswagen.
If you post content using the App, or communicate with other users of the App (“User Content”) you should be aware that that content and any personal information contained in that content may be visible to other users of the App. You should also be aware that any information that is made publicly available through the App may be searchable by search engines. In addition, even if that content is later removed, it may still be stored in other computers or mobile devices, and removal of that information from your version of the App will not remove it from those other computers or mobile devices. Therefore, exercise caution when posting personal information through the App.
By posting and reading User Content using the App, you should be aware that you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. Volkswagen is not responsible for the accuracy, completeness or usefulness of any User Content, nor does it endorse such User Content. Volkswagen does not verify the identity of people using the App. You use the App and User Content at your own risk. Volkswagen reserves the right, but not the obligation, to review and/or remove any content for any reason, at any time, without prior notice, in our sole discretion.
USER CONTENT POSTING REQUIREMENTS: All content that you post through the App must comply with these Terms and these User Content Posting Requirements. You take sole responsibility for all content that you post and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content, including obtaining permission from any person who assisted you in the creation of that content or any person shown in a photo or video that you upload or identified in any writing that you post. You represent, warrant and agree that you will not upload, email, store, process, post, distribute, transmit, or otherwise publish through the App any material which:
- Is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
- Contains any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials;
- Contains any materials containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preference;
- Contains any materials that constitute spam (sending the same message multiple times or to multiple people will be treated as spam);
- Is a solicitation or advertisement for any commercial product or activity;
- Encourages behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct;
- Encourages or exhibits unsafe or irresponsible driving practices;
- Restricts or inhibits any other user from using the App or contains a virus or other harmful component;
- Violates any local, state, federal or international laws or gives rise to civil liability;
- Violates or infringes any rights of third parties (including but limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- Imposes an unreasonable or disproportionately large load on the App or otherwise interferes with the App;
- Is a chain letter, or constitutes junk mail;
- “spoofs” (using of any means to disguise your online identity or alter original attribute information when sending e-mails or posting messages to the App);
- Uses or possesses programs to “crack” passwords or other Internet security tools;
- Engages in any other conduct that restricts or inhibits any other person from using or enjoying the App, or which, in our judgment, exposes Volkswagen of America, Inc. or any of its customers or suppliers to any liability or detriment of any type.
Volkswagen may, at its sole discretion, immediately terminate your access to the App should your conduct fail to conform to these Terms.
- Volkswagen reserves the right (but is not obligated) to do any or all of the following:
- Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication.
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms.
- Terminate a user's access to the App upon any breach of these Terms.
- Edit or delete any communication posted through the App, regardless of whether such communications violate these standards.
Volkswagen, or its licensees, has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.
USER LICENSE OF RIGHTS: By submitting content through the App, you grant to Volkswagen, and its parent and successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the App a non-exclusive license to access your content as permitted through the functionality of the App and under these Terms.
You understand that you are personally responsible for your behavior while on the App and agree to indemnify and hold Volkswagen, its parent, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that any of them may incur in connection with a third party claim, or otherwise, arising out of or in connection with the materials you submit, post or make available through your use of the App, your violation of the Terms, your breach of any of the representations and warranties contained herein, or your violation of any rights of another person or entity. Volkswagen has the right to view and monitor any content posted through the App and it reserves the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if it believes that the content violates these Terms, removal is necessary to protect the rights, property or personal safety of Volkswagen, its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve the App and the experience of our users.
The App and all elements thereof are provided on an "as is" basis without warranty of any kind, express or implied. Volkswagen makes no representations about the suitability of the information, software, products, and services contained on the App for any purpose. Volkswagen disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Volkswagen does not warrant that the App will operate or perform in a manner that is uninterrupted or error-free, or that the App or host server will be maintained free of viruses or other harmful code. Volkswagen makes no warranties that the information presented on the App is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
Under no circumstance and regardless of legal theory, whether in tort, contract, or otherwise, will Volkswagen be liable to you or any other party for an indirect, special, incidental, reliance, or consequential damages, however caused and regardless of character, including, without limitation, any damages relating to lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow the limitation of liability for consequential or indirect damages, so the foregoing limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the App.
Links to Third Parties' Websites
This App may contain hyperlinks, which links you to other documents or websites that are operated by third parties other than Volkswagen. Such hyperlinks are provided solely for your reference. Volkswagen does not control such websites and is not responsible for their contents. Volkswagen's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Accordingly, you agree to hold harmless Volkswagen, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from hyperlinking, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
As a condition of use of this App, you agree to indemnify Volkswagen, its parents, subsidiaries, affiliates, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand arising out of or relating to (i) your access to or use of this App, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the App, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Volkswagen reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Volkswagen.
Limit to Users Modification of These Terms and Conditions
This App is presented by Volkswagen from within the United States and intended for use only within the United States. Volkswagen makes no representation that materials in the App are appropriate or available for use in locations outside the United States. Neither the App, nor any underlying information or technology, may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United States has embargoed goods (for example, Cuba, Iran, Iraq) or to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using any element of the App, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the App.
General Terms and Conditions and Choice of Law Provision
These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this App; provided, however, that in the event of a conflict between such other terms and the content of these Terms, these Terms shall control.
These Terms shall be governed by and interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the Commonwealth of Virginia, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Fairfax, Virginia, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to these Terms.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Volkswagen as a result of these Terms or use of this App. You agree not to hold yourself out as a representative, agent, or employee of Volkswagen and Volkswagen shall not be liable for any representation, act, or omission by you. Nothing contained in these Terms is in derogation of Volkswagen's right to comply with law enforcement requests or requirements relating to your use of the App or information provided to or gathered by Volkswagen with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. These Terms constitute the entire agreement between you and Volkswagen with respect to this App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Volkswagen with respect to this App. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.