Last Updated (07/21/2017)
To the extent we provide you notice on our Services of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.
Linkable Table of Contents
- Who We Are?
- What Information Do the Services Collect?
- How Do We Use the Information Collected?
- How and When Do We Disclose Information to Third Parties?
- Information About Targeted Advertising and California/Delaware Do Not Track Disclosures
- What About Information You Share Publicly?
- Do the Services Contain Third Party Content and Links to Third Party Services?
- How Do You Contact Us or Update or Inquire About Your Information and Communications Preferences?
- Where Does Kia Process the Information?
- What About Children’s Information?
- What About Security?
- What About Social Media Features and Widgets?
- Your California Privacy Rights
1. Who We Are?
2. What Information Do the Services Collect?
(a) Information You Provide to Us
Personal Information and Demographic Information. When you engage with us via the Services, we may ask you to provide us with information that could reasonably identify you (“Personal Information”), including your name, phone number, e-mail address, date of birth, username and password, and physical address. You may also choose to send us Personal Information when you submit photos, messages, and other content via the Services. We may also collect information about you that does not on its own reasonably identify you, such as your age range, your profession, your interests, and your language preferences (“Demographic Information”). We may collect Personal Information and Demographic Information in various ways, including via account registration forms, via contact forms, and when you interact with us.
(b) Information We Collect Automatically
In addition to the information that you provide to us, we and our third-party service providers may use technologies that automatically (or passively) collect certain information when you engage online with the Services (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Services. Usage Information may include, but is not limited to, the following information:
- Your Device functionality (including browser, operating system, hardware, mobile network information);
- The type of Device you use to access the Services;
- The content you view immediately before and after you access the Services;
- The online service, if any, that referred you to our Services;
- The areas of our Services that you visit and your activities there, including remembering you and your preferences;
- The time and duration of your engagement with the Services;
- Your IP address, UDID and other unique identifiers (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
- How often you visit the online Services; and
- Your Device location (as discussed more fully below).
Although Usage Information may not identify you or be associated with you, whenever we associate Usage Information with Personal Information, we will treat the combined information as Personal Information.
Some of the methods that we and third parties may use to collect Usage Information include, without limitation, the following:
Web Beacons. Small graphic images or other web programming code called “web beacons” (also known as “1x1 GIFs” or “clear GIFs”) may be included in our web and mobile pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web or mobile page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count users of the Services, to learn how users interact with the Services, to let us know whether you viewed our emails or other electronic communications, and to learn whether our ads are effective.
Embedded Scripts. An embedded script is code that helps us collect information about your interactions with the Services, such as the links you click on.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
(c) Precise Location Information
Our mobile applications and websites may collect precise information about the location of your device after you permit us to obtain such information from your device via GPS, Wi-Fi signals, or cell tower signals. To opt out of the collection of location information from your mobile device, you can adjust the permissions on your mobile device or uninstall our mobile applications.
(d) Information Third Parties Provide About You
(e) Information You Provide About Others
If you use the Services to send someone else a communication, such as sending an invitation to a friend, we will use the information you provide (e.g., names and e-mail addresses) to facilitate the communication and not for any other marketing purpose unless we obtain consent from that person or we explicitly disclose otherwise. Please be aware that when you use any send-to-a-friend functionality through our Services, your e-mail address may be included in the communication you send.
3. How Do We Use the Information Collected?
We may use the information we collect for a variety of purposes, including but not limited to:
- Providing you with information or services that you have requested or agreed to receive such as requests for product information, new vehicle information alerts, and brochures;
- Processing transactions;
- Sending you special offers or promotional materials on behalf of us or third parties;
- Enabling you to participate in features of the Services, such as sweepstakes, contests, and other promotions;
- Processing your registration with the Services, including verifying your information is accurate and up to date;
- Maintaining, operating, and improving the Services and our vehicles, products, and other offerings, including delivering software updates;
- Developing new vehicles, products, and services;
- Analyzing the effectiveness of our advertising;
- Customizing and personalizing your experiences with the Services, such as by providing you with content based on your location;
- Delivering advertising or marketing communications based on your interests, location or your online activity on the Services and third-party websites (for example, if you view a web page about one of our products or offerings, you may receive an online advertisement for that product or offering on a different web page operated by us or others);
- Contacting you about your use of the Services and to inform you, in our discretion, of changes to the Services our policies;
- Administering warranties;
- Advise you of important safety-related information;
- Understanding our customers and learning how people use the Services;
- Detecting and preventing fraudulent, unlawful, unauthorized, or abusive use of the Services;
- Supporting our reasonable business operations; and
4. How and When Do We Disclose Information to Third Parties?
(a) When You Agree To Receive Information from Third Parties.
You may have the opportunity to receive information or marketing offers directly from unaffiliated third parties. If you agree to receive the communications, your Personal Information will be disclosed to those third parties and all information you disclose will be subject to their privacy policies and practices. We are not responsible for those privacy policies and practices. You should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.
(b) Third Parties Providing Services on Our or Your Behalf.
We may use third-party vendors to perform certain services on behalf of us or the Services, such as: (i) to assist us in Services operations; (ii) to manage a database of customer information; (iii) hosting the Services; (iv) designing and/or operating the Services’ features; (v) tracking the Services’ activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own tracking technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them. However, some may offer you certain choices regarding their practices, and information we have been informed of regarding such choices is available in Section 5 below. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
(c) Co-Branded Services.
We may provide some aspects of the Services in association with third parties (“Co-Branded Services”) such as Partners, Affiliates, sponsors, charities, and political organizations. Co-Branded Services will identify the third party. These third parties may require you to disclose information to them. If you elect to register for products or services through Co-Branded Services, you may be providing your information to both us and the third party. Any information provided to the third party, including usernames and passwords, is subject to that third party’s privacy policies.
(d) Sweepstakes, Contests, and Promotions.
We may offer sweepstakes, contests, and other promotions (each, a “Promotion”) through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements such as allowing the sponsor of the Promotion to use your name, voice, or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules.
(e) Administrative and Legal Reasons.
We may access, use, preserve, transfer and disclose information (including Personal Information):
- To satisfy any applicable law, regulation, subpoenas, governmental requests, or legal process if in our good faith opinion such is required or permitted by law;
- To protect the safety, rights, property, or security of us, you, or others; and
- To detect, prevent or otherwise address fraud, security, or technical issues.
(f) Affiliates and Business Transfer.
We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our Affiliates. We reserve the right to disclose and transfer the information we collect: (i) to a subsequent owner, co-owner, or operator of the Services or associated databases; or (ii) in connection with the negotiation, planning, or completion of a corporate merger, consolidation, restructuring, sale of substantially all of our shares or assets, or other corporate change.
5. Information About Targeted Advertising and California/Delaware Do Not Track Disclosures
Additionally, the Services may use Adobe’s Marketing Cloud. See http://www.adobe.com/privacy/marketing-cloud.html for more information. To learn about opting out of the use of Adobe cookies for analytics, visit http://www.adobe.com/privacy/opt-out.html. After you opt out of the use of Adobe cookies, Adobe will no longer collect and analyze information via cookies associated with your browser for these services. When you opt out, Adobe will place opt-out cookies on your browser. If you delete your cookies, change browsers, or change devices, you will need to repeat this opt-out process. Also, please note that this opt-out process will work only if your browser is set to accept all cookies. We may still use Adobe services to create promotions and apps within social networks after you opt out. These services do not rely on collecting and analyzing information via cookies. To learn more about your choices for these services, review the options your social network provides. Also, we are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
6. What About Information You Share Publicly?
Some features of the Services may permit you to submit or post ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, or other content, including Personal Information (collectively, “User Content”). We or others may reproduce, publish, distribute, or otherwise use User Content online or offline in any current or future media or format. Others may have access to this User Content and may have the ability to share it with other third parties. Please note that Kia does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. So, please think carefully before sharing User Content, particularly if it includes Personal Information.
7. Do the Services Contain Third Party Content and Links to Third Party Services?
The Services may contain content that is supplied by third parties, including our Partners. Those third parties may collect information about your use of the Services, and they may be able to track your online activities over time and across various websites. In addition, when you are using the Services, you may be directed to other sites or applications that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. For example, if you “click” on a banner advertisement, the “click” may take you away from the Services onto a different website. These other websites may send their own cookies to you, independently collect data, or solicit Personal Information. They may have their own published privacy statements. We encourage you to note when you leave our Services and to read the privacy statements of all third party websites or applications before submitting any Personal Information to third parties.
8. How Do You Contact Us or Update or Inquire About Your Information and Communications Preferences?
You may be able to review the Personal Information that you provided to us. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. If you ask us to stop using the Personal Information you have provided to us, we will honor that request while retaining information as necessary to comply with applicable laws.
9. Where Does Kia Process the Information?
The Services are operated from the United States and intended for users located in the United States. If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed in, and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.
10. What About Children's Information?
We do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any Personal Information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of
11. What About Security?
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information that we collect, and you use our Services and provide us with your information at your own risk.
12. What About Social Media Features and Widgets?
Some of our websites and mobile applications may include social media plug-ins (such as the Facebook Like button), widgets (such as the “Share” button), or interactive mini-programs that run on our websites or mobile applications. In addition, some of our websites and mobile applications may also permit or require you to register or log into your account via a social networking platform such as Facebook Login.
14. Your California Privacy Rights
We may from time to time elect to share certain personal information about you collected by us on the Services with Affiliates and Partners for those parties’ direct marketing purposes. California Civil Code Section 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us to, under certain circumstances, to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2017 will receive information about 2016 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing to the Consumer Affairs Department: P.O. Box 52410, Irvine CA 92619-2410.
TERMS OF SERVICE
Effective Date: June, 2017
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES.
THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
If You Want to Use the Services,
then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Services (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Services if you do not agree.
The business realities associated with operating the Services are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Services available to you.
Linkable Table of Contents
1. Content, Ownership, Limited License and Rights of Others
2. Service and Content Use Restrictions
4. Content You Submit and Community Usage Rules
5. Procedure For Alleging Copyright Infringement
6. Notices and Questions
7. Links by You to the Services
8. Linked-To Websites; Advertisements; Dealings with Third Parties
9. Wireless Features
10. Dispute Resolution
11. Disclaimer of Representations and Warranties
12. Limitations of our Liability
13. Updates to Terms
14. General Provisions
1. Content, Ownership, Limited License and Rights of Others
A. Content. The Services contains a variety of: (i) materials and other items relating to Kia, and its vehicles and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Services, and the compilation, assembly, and arrangement of the materials on the Services and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Kia and its vehicles (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”).
Vehicles shown on the Services are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. Details of a selected vehicle may vary from the vehicle shown depending on the features you choose. Vehicle availability may be limited.
All prices, specification, and equipment are based upon information available at the time of posting and are subject to change without notice. Kia makes no guarantees or warranties, either expressed or implied, with respect to the accuracy of the Content presented. All pricing on the Services is in U.S. dollars and the vehicles described are offered for sale in the U.S. The Services in no way constitutes an offer to buy or sell vehicles from Kia or to provide financing or leasing. Kia makes reasonable efforts to ensure that the pricing and product information contained on the Services are correct. Prices, product specifications and all other information shown on the Services are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Most pricing refers to MSRP. Unless otherwise indicated, MSRP is the manufacturer suggested retail price and excludes destination and delivery charges, any applicable taxes, any applicable fees, such as title and registration, or environmental charges or fees, any industry specific fee, any applicable consumer rebates or incentives, and the cost of any dealer added options. Optional equipment is not included unless specifically indicated. Any calculation of any price, tax, incentive, lease or finance terms is for your reference only, is an estimate, and may not be completely accurate. Individual dealers set the actual transaction price. Contact your selected dealer for the actual price of any vehicle and any applicable terms and conditions that may apply. The promotional programs and/or incentives offered on the Services are only available in the United States and may be limited to particular states and subject to restrictions and/or qualifications, as disclosed by the program.
B. Ownership. The Services (including past, present, and future versions) and the Content are owned or controlled by Kia, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Services is the property of Kia or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Kia owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.
C. Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Kia grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Kia’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
D. Rights of Others. When using the Services, you must respect the intellectual property and other rights of Kia and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Services, then please see Section 5 below.
2. Service and Content Use Restrictions
A. Service Use Restrictions. You agree that you will not: (i) use the Services for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Kia; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Services source or object code or any software or other products, services, or processes accessible through any portion of the Services; (v) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Kia, or other users of the Services; (vi) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services, the Content, or the User-Generated Content (defined below); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Services, other computer systems or networks connected to the Services, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Services: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Kia or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Services and Content. Kia may immediately suspend or terminate the availability of the Services and Content (and any elements and features of them), in whole or in part, for any reason, in Kia’s sole discretion, and without advance notice or liability.
D. Reservation of All Rights Not Granted as to Content and Services. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Services. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Kia and its licensors and other third parties. Any unauthorized use of any Content or the Services for any purpose is prohibited.
4. Content You Submit and Community Usage Rules
A. User-Generated Content.
(i) General. Kia may now or in the future offer users of the Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”), messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). Kia may allow you to do this through forums, rooms, workspaces, email, and other communications functionality. Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
(iii) License to Kia of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms which specifically govern the submission of your User-Generated Content, you grant to Kia the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that, in exercising such rights, metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant that you have all necessary authority to do so. In order to further effect the rights and license that you grant to Kia to your User-Generated Content, you also hereby grant to Kia, and agree to grant to Kia, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 4(A) (iii).
(iv) Exclusive Right to Manage Our Services. Kia may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Kia may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 4(B) ). Such User-Generated Content submitted by you or others need not be maintained on the Services by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Services or elsewhere.
(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Kia the rights to it that you are granting by these Terms and any Additional Terms, all without any Kia obligation to obtain consent of any third party and without creating any obligation or liability of Kia; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Kia’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.
(vi) Enforcement. Kia has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Kia’s cost and expense, to which you hereby consent and irrevocably appoint Kia as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Community Usage Rules. As a user of the Services, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Services’ online forums and work spaces (“Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:
- Your User-Generated Content. All of your User-Generated Content either must be original to you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to Kia (for example, if someone has taken a picture of you and your friend, and you submit that photo to Kia as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.).
- Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Services, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
- Act Appropriately. All of your activities on the Services must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Services. Cursing, harassing, bullying, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
- Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
- Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
- Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
- Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions about job search-related issues with other members. However, please remember that the Communities are public or semi-public and User-Generated Content that you submit on the Services within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
- Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Kia.
- Don’t Damage the Services or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Services or any computer or other Device.
(ii) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Services, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
C. Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to us here . For alleged infringements of intellectual property rights, see Section 5 , below.
5. Procedure For Alleging Copyright Infringement
A. DMCA Notice. Kia will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Services, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Services on which the material appears);
(iv) your full name, address, telephone number and email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
Kia will only respond to DMCA Notices that it receives by mail, email or telephone at the addresses below:
By Mail: Kia Motors America, Inc., 111 Peters Canyon Road, Irvine, CA 92606 (Attn: DMCA Agent, Consumer Affairs)
By Email: DMCA@kiausa.com
By Telephone: (949) 468-4512
It is often difficult to determine if your copyright has been infringed. Kia may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Kia may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Kia’s other rights, Kia may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Kia.
B. Counter-Notification. If access on the Services to a work that you submitted to Kia is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Services from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, e-mail address, and the username of your account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Services, so long as: the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Kia or cause any other confusion, and (c) the links and the content on your website do not portray Kia or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Kia. Kia reserves the right to suspend or prohibit linking to the Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
A. Linked Services; Advertisements. The Service may contain links, as part of third-party ads on the Services or otherwise, to or from third-party websites (“Linked Services”), including websites operated by Kia dealers, licensors, licensees and certain other third parties who may have business relationships with Kia. Kia may have no control over the content, operations, policies, terms, or other elements of Linked Services, and Kia does not assume any obligation to review any Linked Services. Kia does not endorse, approve, or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Kia is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Services. Finally, Kia will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Services. Kia disclaims all liability in connection therewith.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Services (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Kia disclaims all liability in connection therewith.
A. Wireless Features. The Services may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Services’ features and upload content to the Services, receive messages from the Services, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
B. Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Services to reflect the changes.
10. Dispute Resolution
Certain portions of this Section 10 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Kia agree that we intend that this Section 10 satisfies the “writing” requirement of the Federal Arbitration Act.
A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Services, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Kia’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 10(D), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 10(A). Your notice to us must be sent to: Kia Motors America, Inc., 111 Peters Canyon Road, Irvine, CA 92606, Attn: Legal Department. For a period of sixty (60) days from the date of receipt of notice from the other party, Kia and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Kia to resolve the Dispute or Excluded Dispute on terms with respect to which you and Kia, in each of our sole discretion, are not comfortable.
B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 10(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND KIA (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES OR ADVERTISING AVAILABLE ON OR THROUGH THE SERVICES. For U.S. residents, the Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between Kia and you regarding these Terms (and any Additional Terms) and the Services, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Kia and you agree, however, that the applicable state or federal law, as contemplated in Section 10(H) below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Kia regarding these Terms and the Services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles.
C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 10(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 10(A); (b) filing for arbitration as set forth in Section 10(B); or (c) filing an action in state, Federal or provincial court.
D. Injunctive Relief. The foregoing provisions of this Section 10 will not apply to any legal action taken by either party to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Services, any Content, your User-Generated Content and/or Kia’s intellectual property rights (including such Kia may claim that may be in dispute), Kia’s operations, and/or Kia’s products or services.
E. No Class Action Matters. YOU AND KIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 12(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 10(F). Notwithstanding any other provision of this Section 10, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
F. Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Orange County, California. Accordingly, you and Kia consent to the exclusive personal jurisdiction and venue of such courts for such matters.
G. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
H. Governing Law. These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with the laws of the State of California, without regard to its conflicts of law provisions
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Kia, its parent company and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Kia Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Services (including the Content and the User-Generated Content);
(b) the functions, features, or any other elements on, or made accessible through, the Services;
(c) any products, services or instructions offered or referenced at or linked through the Services;
(d) security associated with the transmission of your User-Generated Content transmitted to Kia via the Services;
(e) whether the Services, or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
(f) whether the information (including any instructions) on the Services is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to, or errors on, the Services will be repaired or corrected;
(h) whether your access to the Services will be uninterrupted;
(i) whether the Services will be available at any particular time or location; and
(j) whether your use of the Services are lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A KIA PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE KIA PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
12. LIMITATIONS OF OUR LIABILITY
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY KIA PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
(a) the Services (including the Content and the User-Generated Content);
(b) your use of or inability to use the Services, or the performance of the Services;
(c) any action taken in connection with an investigation by Kia Parties or law enforcement authorities regarding your access to or use of the Services;
(d) any action taken in connection with copyright or other intellectual property owners or other rights owners;
(e) any errors or omissions in the Services’ technical operation; or
(f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Kia Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KIA PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID KIA TO ACCESS THE SERVICES OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.
You further understand and expressly agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
13. Updates to Terms
A. Kia’s Consent or Approval. As to any provision in these Terms or any Additional Terms that grant Kia a right of consent or approval, or permits Kia to exercise a right in its “sole discretion,” Kia may exercise that right in its sole and absolute discretion. No opt-in consent or approval may be deemed to have been granted by Kia without being in writing and signed by an officer of Kia.
B. Indemnity. You agree to, and you hereby, defend, indemnify, and hold Kia Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Kia Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Kia Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Kia Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Kia Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Kia Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Kia Party.
C. Operation of Services; Availability of Products and Services; International Issues. The Services are operated in the United States, and is primarily intended for users located in the U.S. Kia makes no representation that the Services are appropriate or available for use beyond the U.S. All Content contained on the Services apply to the United States market only. If you use the Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
D. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any Additional Terms, the word will be deemed to mean “including, without limitation,”. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
E. Communications. As permitted by applicable law, when you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
F. Investigations; Cooperation with Law Enforcement; Termination; Survival. Kia reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Services security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Kia in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Services, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Kia under these Terms or any Additional Terms. Upon suspension or termination of your access to the Services, or upon notice from Kia, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms and any Additional Terms (including the terms applicable to User-Generated Content), which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Kia in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
G. Assignment. Kia may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Kia.
H. No Waiver. Except as expressly set forth in these Terms or any Additional Terms: (i) no failure or delay by you or Kia in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict Kia’s right to amend these Terms or any Additional Terms as otherwise permitted in those agreements.
I. Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to, and use of, the Services and you will be responsible for all charges related to them.