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TERMS OF USE
1. GENERAL
By installing this Application (as defined below), you agree to be bound by these Terms of Use. Please review them carefully before installation and/or acceptance.
2. DEFINITIONS
The “Application” shall mean the software provided by STIHL Incorporated (“STIHL”) and its third party service provider to offer customer stories services (“Stories Services”), to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
3. CONDITIONS OF USE
3.1. By submitting any content to STIHL through the Application, you represent and warrant that:
• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 13 years old;
• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
3.2. You further agree and warrant that you shall not submit any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• that contains any computer viruses, worms or other potentially damaging computer programs or files.
3.3. The Application is currently made available to you free of charge for your personal, non-commercial use. STIHL reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these Terms, at any time and for any reason.
3.4. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3.5. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms of Use.
4. PROPRIETARY RIGHTS AND LICENCE
4.1. All trademarks, copyright, database rights, and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by STIHL or by STIHL’s licensors.
4.2. STIHL hereby grants you a worldwide, non-exclusive, royalty-free, revocable license to use the Application for your business and personal use in accordance with these Terms.
4.3. For any content that you submit, you grant STIHL a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
4.4. All content that you submit may be used at STIHL’s sole discretion. STIHL reserves the right to change, condense, or delete any content on or submitted to STIHL’s Application that STIHL deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. STIHL does not guarantee that you will have any recourse through STIHL to edit or delete any content you have submitted.
4.5. You acknowledge that you, not STIHL, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of STIHL, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
4. PRIVACY
4.1. Any personal information you supply to STIHL when using the Application will be used by STIHL in accordance with its Privacy Policy available at www.stihlusa.com.
4.2. By submitting your email address in connection with your story, you agree that STIHL and/or its third party service providers may use your email address to contact you about the status of your story and other administrative purposes. To the extent there is a conflict between STIHL’s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the Stories Service.
4.3. STIHL does not collect personally-identifying information about you (such as your name, address, telephone number, or email address) unless you voluntarily submit that information to STIHL or sign up for our emails. Any such voluntarily provided information may be used for our internal business and marketing purposes and may be disclosed to third parties for such purposes. If at any time you wish to have personally-identifying information removed from our database or to make changes or corrections to personally-identifying information previously submitted by you, please submit your request in writing to: STIHL Incorporated, 536 Viking Drive, Virginia Beach, Virginia 23452, Attn: Marketing Communications Manager, and we will make every effort to accommodate your request.
4.4. STIHL uses cookies to assist in online marketing initiatives through third party vendors to serve online advertisements based on your visit(s) to STIHL Websites. Cookies are small files that are transferred to your computer’s hard drive through your Web browser (if you allow) and enables sites or service provider systems to recognize your browser, capture and remember certain anonymous information. To opt out of the use of cookies for marketing please visit: http://www.networkadvertising.org/managing/opt_out.asp or http://www.google.com/privacy/ads/
4.5 STIHL does not honor any “do not track” requests sent from a web browser. Our site collects personally identifiable information from visitors and tracks their online activity. Third parties may use STIHL’s site to collect personally identifiable information and information about a visitor’s online activities.
5. LIMITATION OF LIABILITY/INDEMNIFICATION
5.1. IN NO EVENT WILL STIHL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF YOUR USE OR ACCESS TO THE APPLICATION, INCLUDING LOSS OF PROFIT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
5.2. STIHL is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
5.3. You agree to indemnify and hold STIHL (and its officers, directors, agents, subsidiaries, employees and third party service providers, including but not limited to IMRE, LLC), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
6. TERMINATION
STIHL may terminate, change, suspend or discontinue any aspect of this Application at any time. STIHL may also impose limits on certain features and services, or restrict your access to parts or the entire Site without notice or liability. STIHL may terminate the authorization, rights, and license given above and, upon such termination, you shall immediately cease all use of the Application.
7. INTERNATIONAL USERS AND CHOICE OF LAW:
7.1. This Application is controlled, operated and administered by STIHL, Inc. from its offices within the United States of America. STIHL makes no representation that this Application is appropriate or available for use at other locations outside of the United States, and access to and the use or display of them from territories where their contents are illegal is prohibited. You may not use the Application in violation of U. S. export laws and regulations. If you access this Application from a location outside of the United States, you are responsible for compliance with all local laws.
7.2. These Terms of Use shall be governed by the laws of the Commonwealth of Virginia, USA, without giving effect to its conflict of laws provisions.
