July 27, 2021
Fully Digital
July 27, 2021
Fully Digital

Digital Venue Terms of Use MPG VMD

Welcome to the MPG VMD and the related websites, services, applications, and content (collectively, the “Services”) at our digital venue(s) (“Digital Venue(s)”) that are provided by the Motor Press Guild (MPG) in the United States (referred to as “MPG”, “we”, “us”, “our”) to the exhibitors, attendees and media of the Digital Venue (referred to as “you”, “user”, “your”).

These Terms of Use (“Terms”) govern our relationship and serve as an agreement between you and us under which you may access and use the Digital Venue and Services. The Terms apply to anyone accessing or attempting to access the Digital Venue or Services whether registered or unregistered. Access to certain Services or features of the Services may be subject to restrictions and may not be available to all users of the Digital Venue. Our Services are provided for private, non-commercial use. Your access to and use of the Services is also subject to our Privacy Policy, and Cookies Policy, which can be found directly at the Digital Venue site and are incorporated herein by reference.

You agree that by registering, downloading, accessing, or using the Digital Venue and Services, you are entering into a legally binding agreement with MPG regarding use of the MPG VMD digital activation, Digital Venue and Services. Please take the time to read these Terms carefully. If you do not agree to these Terms, do not access the Digital Venue, or otherwise use any of the Services.

The Digital Venue is open to registered and authorized users of the Services who are aged 18 or older, affiliated with the consumer technology industry.

Accessing and Using the Platform and Services

Accounts and Passwords
To access or use our Services, you must have registered for the MPG VMD 2021 digital event. You must provide accurate and up-to-date information during registration. You should maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. You are responsible (to us and to others) for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password(s). We reserve the right not to issue an account to any person or entity.

Unless expressly permitted in writing by MPG, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. You may never use another user’s account without their permission. MPG is not liable for any losses caused by any unauthorized use of your account.

License to Access and Use Rules
The MPG VMD Digital Venue and associated Services are owned and operated by MPG. Unless otherwise indicated, all content, information, and other materials within the Digital Venue (excluding User Content), including, without limitation, MPG’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of MPG, affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by MPG, by agreeing to these Terms you are granted a non-exclusive, limited, revocable, non- transferrable, non-sublicensable license (i.e., a personal and limited right) to access and use the Digital Venue and Services for your personal use or internal business use only and solely in compliance with these Terms. MPG reserves all rights not expressly granted herein in the Services, Materials and the MPG Content (as defined below). You acknowledge and agree that MPG may terminate this license at any time for any reason or no reason.

This license is subject to these Terms and does not permit you to use the Digital Venue or Services: (1) if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services; (2) in any way that breaches any applicable law or regulation, is unlawful or fraudulent, or has an unlawful or fraudulent purpose or effect; (3) for the purpose of intimidating, harming or attempting to harm any individual in any way; (4) to send, receive, upload, download, use or re-use any material which does not comply with these Terms or any applicable Services terms; (5) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); (6) interfere with or attempt to interfere with the proper working of the Services, disrupt the Platform, our website, any equipment, software or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; (7) to knowingly transmit any data, send, distribute, upload, store or otherwise make available any material that contains viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (8) use or attempt to use another’s account, service or system without authorization from MPG, or create a false identity on the Services; (9) to reproduce, manipulate, forge, impersonate or represent that you own or are affiliated with the Digital Venue or Services; (10) distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof; (11) to market, rent or lease the Services for a fee, or use the Services to advertise or perform any commercial solicitation outside of what is permitted as an official MPG VMD exhibitor or sponsor; (12) make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; (13) to data mine, use robots, or similar data gathering or extraction methods; (14) download (except page caching) of any portion of the Platform, the Materials, or any information contained in them, except as expressly permitted in the Terms; (15) use any of the Services or the Materials except for their intended purposes; or (16) to create liability for us in any way.

Any use of the Services or the Materials except as specifically authorized in these Terms, without the prior written permission of MPG, is strictly prohibited.

We reserve the right to amend the information or withdraw the Services we provide without notice. We will not be liable if for any reason our Services are unavailable at any time for any period.

Access to the Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for making all arrangements necessary for you to have access to the Digital Venue and associated Services, including any Internet connection or mobile fees and charges that you incur when accessing the Digital Venue or Services.

The Digital Venue and Services may display some content that is not MPG’s and may contain links to third-party websites or services that are not controlled by MPG. Any third-party content, links or services are the sole responsibility of the entity that makes it available. MPG does not make any warranties or representations for third-party material and accepts no responsibility for any loss or damage that may arise from using third-party content, links or services. If you decide to access any third-party material, you do this entirely at your own risk. Although we may review content and we may remove or refuse to display content that we reasonably believe violates our policies or the law, we do not certify that all content has been reviewed.

In addition, your correspondence or business dealings with, or participation in promotions of, exhibitors and sponsors found on or through the Digital Venue are solely between you and such entity. You acknowledge that where you use services provided by any third party, you will be subject to that applicable third party’s terms and conditions and privacy policy and you should ensure that you have read such terms.

When you access our Services through your mobile device, you acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply. You accept responsibility for charges from your Mobile Provider for data services while using certain features of our Services or any such third-party charges that may arise. If you are not the bill payer for the device being used to access our Services, you will be assumed to have received permission from the bill payer for using our Services.

Termination or Suspension of Services

MPG may terminate or suspend access to the Digital Venue and Services immediately, without prior notice or liability, for any reason, including but not limited to: (a) if you do not comply with these Terms; (b) if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Digital Venue or Services or violate any applicable laws or regulations; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons. We reserve all available legal rights and remedies to prevent unauthorized use of the Digital Venue and Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. If appropriate, we may report any breach of these Terms to relevant law enforcement authorities.

To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with; (1) the Digital Venue or Services, (2) any portion of these Terms, (3) any policy or practice of MPG in operating the Services, or (4) any content or information transmitted through the Services, is to discontinue use of any and all parts of the Digital Venue and Services.

All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Privacy and Cookies

MPG’s Privacy Policy describes how we treat your personal data and protect your privacy when you use our Services. MPG’s Cookie Policy explains how MPG uses cookies. By using the Digital Venue and Services, you agree that MPG can use such data in accordance with our Privacy and Cookie Policies.

In connection with your use of the Services, we may send you transactional or marketing communications. You may opt-out of the marketing communications, please refer to our Privacy Policy for full details.

Content

MPG Content
As between you and MPG, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “MPG Content”), are either owned or licensed by MPG, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the MPG Content or Materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you have no right to receive any income or other consideration from any User Content (as defined below) or your use of any content made available to you on or through the Services, including in any User Content created by you.

You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.

We make no representations, warranties or guarantees, whether express or implied, that any MPG Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).

User Content
Users of the Services or the Digital Venue may be permitted at times and in certain areas to upload, post, transmit or otherwise make available content through the Services (“User Content”). The information and materials in the User Content, have not been verified or approved by us. The views expressed by other users on the Services do not necessarily represent our views or values.

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta content or any confidential information of third parties.

MPG uses reasonable security measures to attempt to protect User Content against unauthorized copying and distribution. However, MPG does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that MPG shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against MPG for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY MPG HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

To the extent permitted by applicable law, MPG takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is MPG liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Digital Venue and Services. MPG is not liable for any statements or representations included in User Content. MPG does not endorse any User Content, opinion, recommendation, or advice expressed therein, and MPG expressly disclaims all liability in connection with User Content. To the fullest extent permitted by applicable law, MPG reserves the right to remove, screen, or edit any User Content posted or stored at the Digital Venue at any time and without notice, including where such User Content violates these Terms, or applicable law.

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may
include finding the content objectionable, in violation of these Terms, Digital Community Guidelines, or our Code of Conduct, or otherwise harmful to the Services or our users.

Intellectual Property Rights – MPG Ownership

The MPG name and logo, all MPG trademarks, all content, text, images, data, information and other material displayed, available or present on our Services, including any intellectual property rights in same (including without limitation trademarks and copyrights) (collectively,”MPG’s IP”), are the property of MPG, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You may not use MPG’s IP in whole or in part in connection with any product or service that is not MPG’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MPG, without our prior written permission except as provided in these Terms.

All other trademarks referenced on the Digital Venue or Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

Using the Digital Venue or Services does not give you any ownership or legal rights to any of MPG’s IP or Content you access. Unless explicitly stated in these Terms, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. You may not use Content unless you obtain permission or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

Intellectual Property Rights – User Content

Intellectual Property (IP) is a complex area of the law which refers to creations of the mind for which exclusive rights are recognized in law. As IP deals with intangible assets, they can often come under debate at trade shows, where several copyright, trademarks, patents, and industrial design rights are being unveiled for the first time. MPG respects the intellectual property rights of others, and we expect you to do the same. You must not display post, share, or send any content that violates or infringes someone else’s IP rights. The use of another’s IP without proper authorization or a legally valid reason may lead to a violation of MPG’s policies and these Terms.

You are responsible for the content you post. Any User Content will be considered non-confidential and non- proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.

You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content.

By posting User Content, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.

If you have questions about IP law, you may want to contact an attorney.

If you believe that your IP is being infringed upon, you must communicate in writing with the individual/entity responsible to inform them that:

  • You, as the IP Owner, have reason to believe that the exhibitor will/is displaying or using infringing products and/or IP on the Platform or within any Services;/li>
  • You are requesting the exhibitor to remove the infringing products and/or IP from virtual display;
  • If the exhibitor refuses to remove the infringing products or IP, you may seek a court order.
    Contacting the user directly may resolve your complaint more quickly and directly in a way that is more beneficial to you, the user, and our community. You may report alleged IP infringement to MPG. If you are unsure whether the material you plan to report to us is infringing, you should first seek legal advice before reporting such content to us. If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Failure to share necessary information may limit our ability to investigate your claims and may result in your complaint being denied.Please note that MPG is not in a position to adjudicate disputes between third parties and may not be able to remove the content or suspend the account you reported. However, MPG reserves the right to remove or suspend any content or account that infringes another’s IP. If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party IP. The decision to repost any content is at MPG’s sole discretion.
    We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (DMCA). Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the DMCA or similar laws as may be applicable in other countries.
Warranty Disclaimers

This digital venue, these services, their content, and their links are provided on an “as is” basis and are used only at your sole risk, to the fullest extent permissible by law. Mpg disclaims all warranties, express or implied, of any kind, regarding these services (including its content, hardware, software and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, reliability, completeness, accessibility, compatibility, security and freedom from computer virus or error.

While mpg attempts to make your access and use of the mpg services safe, we cannot and do not represent or warrant that the platform or services are free of viruses or other harmful components. You are responsible for configuring your information technology and computer programs to access the services. You should use your own virus protection software.

We may change, suspend, withdraw or restrict the availability of all or any part of the platform for business and operational reasons at any time without notice.

If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

Limitations on liability and remedies

MPG’s entire liability and your exclusive remedy with respect to any dispute with mpg (including without limitation your use of the platform and services) is to discontinue your use of the digital venue and services. MPG and its vendors will not be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising from your use of these services or for any other claim related in any way to your use or registration with MPG for MPG. These exclusions include, without limitation, damages for lost business, lost opportunity, lost profits, lost revenue, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if mpg had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. In jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, mpg and its vendors’ liability in such jurisdictions will be limited to the extent permitted by law. MPG does not endorse, warrant or guarantee any product or service offered through these services and will not be

A party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. In any event, if any of the above provisions in this section are not enforceable in an applicable jurisdiction, the maximum liability of MPG will be limited to, in the sole discretion of mpg, either the (1) correction or deletion of any inaccurate content or link; or (2) refund of the registration amount you paid us to use these services.

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the digital venue or services, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Indemnification

You agree to defend, indemnify and hold harmless MPG, its affiliates, and each of our respective officers, directors, employees, agents, contractors, third-party suppliers, licensors, partners and advisors (“MPG Parties”) from any and all demands, claims, suits, actions, damages, liabilities, expenses or harms, including attorney’s fees, arising from or related to the use of the Digital Venue and Services or violation of these Terms, online conduct, obligations, representation, warranties, dealings or transactions under these Terms.

You agree to promptly notify the MPG Parties of any third-party claim, and MPG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MPG, and you agree to cooperate with MPG’s defense of these claims. MPG will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Modifications of Terms or Services

We may modify these Terms at any time and for any reason including to reflect changes to the law or changes to our Services. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms such as posting notice of modifications on this page, however, you should look at the terms regularly. Changes will not apply retroactively.

Your continued access or use of the Digital Venue and Services after the date of the modified Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you should discontinue your use of the Digital Venue and Services.

We may update our Services regularly and may change the substance at any time. If the need arises, we may suspend access to our Services, or close them indefinitely. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.

About These Terms

If there is a conflict between these Terms and any additional contractual terms, such additional contractual terms will control for that conflict.

These Terms control the relationship between MPG and you. They do not create any third-party beneficiary rights.

If you do not comply with these Terms, and we do not act right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.
The law of the United States of America and the Commonwealth of Virginia, USA, without regard to its conflict of laws principles, will govern all matters between you and MPG with respect to your use of the Digital Venue and Services and will apply to any disputes arising out of or relating to these Terms or the Services. Each party consents to the exclusive jurisdiction and venue of the federal, state and local courts in Arlington, VA in connection with the any action arising out of, or in connection with, these Terms or the Services.

YOU AND MPG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OF THE DIGITAL VENUE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

For information about how to contact MPG, please visit our contact page.

Michelle Suzuki
VP, Operations

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