Submissions, Reviews, Feedback and other Postings to the Site
If you submit, upload, post or transmit any feedback or data, such as ideas, concepts, know-how, techniques, processes, comments, suggestions or questions regarding any Harley-Davidson product, service or the Content of this Site (“Feedback”), such information shall be deemed to be non-confidential, and Harley-Davidson and its affiliates shall have no obligation of any kind with respect to such information.
Submissions and Feedback must in their entirety comply with all applicable federal, state, local, and international regulations. Without limiting the foregoing, your Submissions and Feedback must not (collectively with applicable laws, all of the below restrictions on the use of the Site and the Submissions you provide, the “Submission Standards”):
- contain anything that is defamatory, abusive, libelous, violent, hateful, inflammatory, indecent, vulgar, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or otherwise objectionable, or that could encourage criminal or unethical behavior;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, gender, class, religion, ethnicity, nationality, disability, sexual orientation, age, or other classification;
- promote dangerous riding or dangerous use or misuse of H-D products;
- infringe any patent, trademark, trade secret, copyright, or intellectual property or other rights of any person or entity (including any confidential, non-public information about H-D and H-D products);
- contain a virus or any other harmful component;
- be likely to deceive any person;
- intended to cause annoyance, inconvenience, or needless anxiety, or that is likely to upset, embarrass, alarm, or annoy any other person;
- promote any illegal activity, or advocate, promote, or assist in any unlawful act;
- impersonate any person, or misrepresent your identity or affiliation with any person or organization (including Harley-Davidson);
- involve commercial activities or sales, such as contests, sweepstakes, and other sales or promotions, barter, or advertising, unless to otherwise specifically permitted by H-D in writing or you may sell your own, personal appropriate items on areas of the Site specifically designed for such activities (such as the H-D1™ Marketplace); or
- give the impression that they emanate from or are endorsed by use or any other person or entity, if that is not the case.
By using our Site or by submitting Feedback Submissions, you agree not to:
- contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication;
- engage in personal attacks or any other type of “flaming” of other users;
- post topics or opinions that are designed to provoke a negative response from one or more specific users (i.e., “trolling”);
- include any link or mention of a third-party website that violates any of these Submission Standards; or
- use any abbreviations, self-censoring, symbols, or take other efforts to circumvent any censoring features of H-D’s monitoring program.
You agree to defend, indemnify and hold harmless Harley-Davidson and its affiliates, and their respective officers, directors, employees, consultants and agents harmless from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to any Submissions you post or allow to be posted to the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS HARLEY-DAVIDSON AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Harley-Davidson and its affiliates reserve the right (but not the obligation) to monitor and edit or remove any Submissions or Feedback submitted to the Site. However, we do not regularly review Submissions or Feedback before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.