As part of the Harley-Davidson Membership Program, we provide a social media platform, community forum, and related social media type services and functionality (the “Platform”). These Social Media Terms (“Terms”) govern your use of the Platform, and are in addition to the Membership Program Terms and Conditions, our H-D.com Terms of Use, and our Privacy Policy.

1. Eligibility to Use the Platform.  In addition to the other requirements under these Terms, we have a few threshold requirements to be eligible to use and participate in our Platform.

• You must reside and use the Platform in the United States.
• You must be at least 13 years old .
• You must not be prohibited from receiving any aspect of our Platform under applicable laws or engaging in payments related Platforms if you are on an applicable denied party listing.
• We must not have previously disabled your account for violation of law or any of our policies.
• You must not be a convicted sex offender.

2. Prohibited Conduct and Activities. 

• You can't impersonate others or provide inaccurate information.
  You don't have to disclose your identity on the Platform, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
• You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can't do anything to disrupt, interfere with or impair the operation of the Platform. 
  This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
• You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
• You can’t sell, license, or purchase any account or data obtained from us or our Platform.
  This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials of other users; or request or collect Platform usernames, or passwords.
• You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods). You may use someone else's content or materials under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share. See Claims of Copyright Infringement for information about reporting that you think infringes your intellectual property rights.
• You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
• You can't use a domain name or URL in your username without our prior written consent.

3. Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Platform to you and or other Members.

• We do not claim ownership of your content, but you grant us a license to use it. 
  Your own and will continue to own your content posted to the Platform. We do not claim ownership of your content that you post on or through the Platform and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (a license) to provide the Platform to you and other Members. When you share, post, or upload content that is covered by intellectual property rights (text, photos, videos) on or in connection with our Platform, you hereby grant to us a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). 
• Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content. 
  You give us permission to display your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on the Platform or other Harley-Davidson websites, media, and publications without any compensation to you. 
• You agree that we can download and install updates to the Platform on your device.

4. Additional Rights We Retain

• If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
• If you use content covered by intellectual property rights that we have and make available in our Platform (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
• While you can use the name “Harley-Davidson” to identify us, your bike(s) and other Harley-Davidson products and services, you may not use “Harley-Davidson,” “H-D,” “HOG,” the Harley-Davidson shield, any similar names or trademarks, or any of our other names, trademarks, brands and logos without our prior express written permission. 

5. User Generated Content, Reviews, Feedback and other Postings to the Platform

• If you submit, upload or post any comments, ideas, suggestions, feedback, information, files, videos, images or other materials to us or our Platform (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. We always appreciate feedback or other suggestions but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
• Please keep in mind that the social media and content sharing aspects of our Platform should be consistent with the purposes of fostering a community of writing, ridership and motorcycle culture (the “Purposes”). The Platform should not be used for posts, submissions, materials, communications, messages or other content outside of these Purposes, such as political, religious, commercial (e.g., business, service or product solicitations) or other off-topic content or materials. In this regard, users and Members should not use the Platform for their own business or commercial purposes, such as submitting User Generated Content for the purpose of advertising, marketing or soliciting purchases or sales of your products or services, or products or services of any third party for financial gain.
• Users and Members should not post or submit User Generated Content which can be considered or is deemed by H-D to promote or facilitate reckless or dangerous riding or other activities.
• While we encourage honest and candid communications and other User Generated Content about or related to Harley-Davidson and its products and services, we reserve the right to moderate, monitor and remove User Generated Content which we deem to be fraudulent, false, defamatory, misleading or inappropriately disparaging about Harley-Davidson or its products and services. Similarly, as this is a Harley-Davidson sponsored Platform, users and Members should refrain from using the Platform to promote, advertise or market brands, products and services that are competitive with Harley-Davidson products and services.
• You agree not to contact other users of the Platform through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to H-D that you have the legal right and authorization to provide all User Generated Content to H-D for the purposes and H-D’s use as set forth herein. H-D has a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner H-D desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. H-D is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content. 
• H-D reserves the right (but does not have or undertake an obligation) to monitor, moderate and edit or remove any User Generated Content submitted to the Platform. You grant H-D the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. H-D and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
• You release H-D and waive any rights and claims you may have or acquire against H-D with respect to your use of the Platform. This includes any damages, injuries, expenses or other claims you may suffer or incur as a result of your use of or reliance on the Platform, including User Generated Content (e.g. if you rely on comments, suggestions or bad advice of other users or Members. Additionally, you agree to defend, indemnify and hold H-D harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by H-D arising out of any User Generated Content you post or allow to be posted to the Platform.

6. Content Removal and Disabling or Terminating Your Account

• We can remove any content or information you share on the Platform if we believe that it violates these Terms of Use, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Platform to you (including terminating or disabling your access to the Platform) immediately to protect our Platform or related services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Platform, remove or block content or information shared on our Platform, or stop providing all or part of the Platform if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please Contact Us . When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the content is no longer visible to other users, but remains subject to these Terms of Use and our Privacy Policy . After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
• Content will not be deleted within 90 days in the following situations:
  • where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
  • where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
  • where deletion would restrict our ability to:
  • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);
  • protect the safety and security of our products, systems, and users;
  • comply with a legal obligation, such as the preservation of evidence; or
  • comply with a request of a judicial or administrative authority, law enforcement, or a government agency;

in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

• If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called "Our Agreement and What Happens if We Disagree" will still apply even after your account is terminated, disabled, or deleted.

7. Claims of Copyright Infringement

• We disclaim any responsibility or liability for copyrighted materials posted on our Platform.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
• H-D respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to H-D’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Platform

• If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Platform by sending us a notice ("Notice") complying with the following requirements. 

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
   "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
   

Deliver this Notice, with all items completed, to our Copyright Agent: 

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

8. No Liability of App Stores and Other Third Parties. 

• Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, or marketplace , and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to this Agreement and they do not own and are not responsible for our mobile app used in connection with the Platform (the “App”).  H-D, and not any Third Party, is responsible for addressing any claims raised by you or any Third Party regarding the App or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation.  You are responsible for complying with all application store and other applicable Third Party terms and conditions.  YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APP AND THIS AGREEMENT.  THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING ITS TERMS.  NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER.  In the event of any claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

9. Responsibility for Problems, Claims and Damages

• Our Platform is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Platform.
• You can search, review and join Riding Groups, which are self-administered groups with similar interests, locations and other characteristics for rider “matchmaking.” We are not responsible for the activities of Groups, and your joining and participating in Groups is at your own risk.
• Our responsibility for anything that happens on the Platform (our liability) is limited as much as the law will allow. If there is an issue with our Platform, we can't know what all the possible impacts might be. You agree that we won't be responsible or liable for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
• You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Platform. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.