Harley-Davidson Policy for User-Generated Content

These terms & Conditions apply to any and all social media content, in the nature of comments, photos, graphics, artworks, videos, text or other materials (collectively, “Content”) which you may designate with the hashtag #HellYeahHarley (the “Hashtag”), in response to a request for approval by The Harley-Davidson Motor Company (“Harley-Davidson”). Your application of the Hashtag to your Content affirms your agreement (“Approval”) to the terms and conditions outlined below (collectively, the “UGC Terms”) and allows Harley-Davidson to use the Content as indicated. Harley-Davidson will attribute photo credit to the social media handle (“Username”) under which you first posted your Content on the relevant social media platform (“Platform”).

By giving Approval to these UGC Terms, you represent and warrant that:

1. the Content is original, created solely by you, and you are the sole author and owner of the intellectual property rights in and to the Content;

2. to the extent applicable, the Content reflects your own honest opinions, beliefs and/or experiences; 

3. your posting of the Content, or Harley-Davidson’s use of it, does not violate these UGC Terms, and will not cause injury to any person or entity;

4. the Content complies with all Platform rules, as well as all applicable rules, laws and regulations;

5. you are not being compensated by Harley-Davidson or its agents in any way in connection with the Content; 

6. you have not, prior to publication of the Content on the Platform, published it anywhere else, or otherwise made it publicly available, in whole or in part;

7. the Content is not libelous or otherwise defamatory; 

8. the Content does not include the intellectual property of any other parties, or any third-party music, photographs, artwork, trademarks, logos or slogans; 

9. the Content does not include any identifiable person, or personally identifiable information about anyone, other than you, but to the extent that the Content includes any people other than you, you will provide correct and current contact information to Harley-Davidson (i.e., email address and/or Platform username for the relevant individual(s)) so that we might obtain approval to these UGC Terms from each such person; 

10. the Content does not infringe any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

It is standard practice that we swap out any musical tracks in any video Content to match our brand persona and marketing efforts.

You agree to indemnify, defend and hold Harley-Davidson (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.

For any Content that you approve to be used by Harley-Davidson, you grant Harley-Davidson and its affiliates, and each of their respective direct and indirect licensees, successors, and assigns, a perpetual, irrevocable, fully paid-up and royalty-free, freely transferable and sublicensable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, in all formats and media, whether now known and existing or hereafter discovered or developed,  throughout the universe, without compensation to you (these rights, collectively, the “License”). All Content that you provide may be used at Harley-Davidson's sole discretion.  For purposes of clarity and without limiting the foregoing, you agree that this License gives Harley-Davidson the right: (a) to modify, edit, combine with other materials, translate, include in collective works, and otherwise create derivative works of the Content; and (b) to reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit the Content, including any derivative works of the Content, in whole or in part.  Harley-Davidson will own and retain all right, title, and interest in and to all derivative works of the Content made by us, or by any third party for our benefit subject to your rights in the underlying Content.

In addition to the foregoing License, you hereby grant to Harley-Davidson and our affiliates, and each of our respective direct and indirect successors, licensees, and assigns, the right to use your name, image, likeness, and biographical, professional, and other identifying information (including information you provide to us and any other information about you that is publicly available)/provided by you from time to time (collectively, “Likeness”) in connection with the Content, and any derivative works we make from the Content, including to advertise and promote our products and services, in whole or in part. You waive the right to inspect or approve any use of your Likeness as contemplated in these UGC Terms.

Harley-Davidson reserves the right to remove or to refuse to post any approved Content for any reason.

In order to participate in many Community Features, you may be required to register with the Web Site to establish a user profile and obtain or select a username which may be your email address, a screen name which will be used to identify your Content, and/or password. This registration process may require that you provide certain personally identifiable information about yourself, subject to the terms of the Web Site Privacy Policy. All registration information provided by you must be correct, current, and complete. H-D reserves the right to refuse your access to the Community and/or suspend your account for any reason in its sole discretion, including without limitation if it believes you have submitted fraudulent registration information. You are responsible for maintaining the confidentiality and/or security of any username, screen name, and/or password(s) you select or are given to use the Community or other features of the Web Site, and you are solely and fully responsible for all activities that occur under your username, screen name, and/or password. You agree to notify H-D immediately of any unauthorized use of your username, screen name, and/or password(s). Each user is allowed to create one user profile. Automated account creation, participation, and content scraping is strictly prohibited.

All Content to the Community and the comments or opinions expressed therein are those of their respective contributors and do not necessarily represent the views of H-D, its owners, management, or employees. H-D is not responsible and expressly disclaims all liability for the content of any contribution submitted by users of the Community. Without limiting the foregoing, H-D will not be held liable for Content that may infringe a third party’s copyright, trademark, or other intellectual property right.

The nature of some Content may be offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled. You agree that you are fully responsible for any Content that you submit to the Community. Without limiting the foregoing, H-D reserves the right, but is not obligated, to monitor all submissions and exercise editorial control over all such submissions, including without limitation the right to edit, take down or remove any Content. H-D is not responsible for any failure to monitor, review, edit and/or delete any Content submitted to the Web Site through any Community Feature.

All Content are deemed to be provided on a non-confidential basis. If you make a Contribution to a Community, you understand and agree that we may publish your Contribution in its entirety, as an edited version, or not at all, in our sole discretion. We may remove, alter, or otherwise edit Content that we deem inappropriate for any reason, in our sole discretion. You bear all privacy and other risks associated with using the Community Features of this Site. Accordingly, you should avoid posting personal information such as home address or telephone number.

You understand and agree that your username, screen name, and/or full name may be posted along with your Content. To that extent, you do not have the same degree of privacy or confidentiality as you may receive in other areas of the Web Site.

You must abide by the following rules of conduct at all times while using the Community Features of this Web Site. H-D may impose limits on certain aspects of a Community or restrict your access to part or all of a Community without notice or penalty, in our sole discretion and for any reason, including without limitation if we believe you are in breach of these rules of conduct or any applicable law.

1. You must be at least 18 years of age (or the age of majority in your state of residence) to submit Content to the Community.
2. Content submitted by you must not contain content that is unlawful, libelous, defamatory, sexually explicit, obscene, abusive, violative of any third party’s privacy rights, and/or contains personal information of third parties such as telephone numbers, street addresses, or email addresses.
3. Vulgar language and inappropriate material is prohibited. Abbreviations, self-censoring, and attempts to circumvent any censoring features of any H-D’s monitoring program violate these rules of conduct.
4. Content promoting dangerous riding or dangerous use or misuse of H-D products will not be posted.
5. Content containing confidential, non-public information about H-D and H-D products or services will not be posted.
6. The material you post must be original material in which you own the copyright and/or that you have the legal right or license to reproduce, adapt, display, and/or distribute the material to others. Do not post photos, video, software, comments, or other content that is violative of intellectual property rights of others (including, without limitation, copyright, trade secrets, and trademarks rights) or violative of any federal, state, local, or international laws or regulations, all of which are expressly prohibited.
7. You must not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification. H-D will not tolerate language intended to intimidate or incite violence.
8. You must treat other users of the Site as you would expect them to treat you. Do not engage in personal attacks or any type of “flaming” of other users. Do not post topics or opinions that are designed to provoke a negative response from one or more specific users (i.e., “trolling).
9. Do not engage in disruptive activity including without limitation persistent off-topic content or comments, or statements designed to incite other users to violate this Policy or these rules of conduct.
10. Do not post any instructions, software, or other materials that would harm other users’ computers or allow other users to harm third parties, including without limitation by uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.
11. If your Content includes a link to an outside web site, you must ensure that the content of the link and outside web site is appropriate for the Community. This rule applies to mentioning or referencing a web site, even if the mention is not hyperlinked from your post. If you post a link or reference a web site that is inappropriate, H-D may remove it.
12. Unless specifically agreed to in writing by H-D, you may not use the Community for any commercial purpose. H-D prohibits any actions to solicit funds, promote commercial entities or web sites, or otherwise engage in commercial activity through the Community.

You agree to defend, indemnify, and hold harmless H-D and its affiliates and all of their employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of theses Rules of Conduct or any other terms stated in this Policy.