Legal Terms
Effective Date March 30, 2010.
Welcome to the www.darkersideofgreen.com (the "Site"). This Site is operated by Lexus, a division of Toyota Motor Sales, USA, Inc. (hereinafter referred to as "Lexus") and materials on the Site are owned, for the most part, by Lexus or its affiliated companies. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Lexus.
Please read these Terms of Use detailed below (the "Terms") which set forth the legally binding terms governing your use of this Site. The Terms apply to all persons who visit this Site ("Visitors"), regardless of your level of participation; by visiting this Site you accept and agree to be bound by the Terms set forth herein.
In these Terms, "you" and "your" refer to each Visitor and his or her agents (unless the context requires otherwise), and "we", "us" and "our" refer collectively to Lexus. These Terms explain our obligations to you, and your obligations to us in relation to the Use of this Site.
THIS SITE IS ONLY INTENDED FOR VIEWING IN THE CONTINENTAL UNITED STATES IF YOU ARE EIGHTEEN (18) YEARS OR OLDER and not a minor in your state of residence. If you are not an intended viewer, kindly do not use or view this Site.
We may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms from time to time.
NOTE THAT THE TERMS OF USE APPLY ONLY TO THIS SITE, AND OTHER WEBSITES PROVIDED BY LEXUS HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.
This Site is for your personal, noncommercial use. Any other use of the Site requires the prior written consent of Lexus.
Printable Version
Description of this Site
This Site contains information regarding Lexus and its products and promotional programs, including advertising, logos, trademarks, pictures, information, digital images, featured articles, surveys, contests and sweepstakes, and other content (collectively, "
Content"), all of which is protected under copyright law and/or other federal and state laws. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented.
The Lexus vehicles described on this Site contain uniquely American specifications and equipment and are offered for sale only in the continental U.S.A. The promotional programs offered on this Site are only available in the continental U.S. and may be limited to particular states as described by the program. All pricing information referred to on this site is in U.S. dollars.
Sign Up to Receive Information
You may opt-in to receive marketing materials from Lexus, including news and special event and new vehicle information. If you opt-in you may be asked to provide your personal information to us so we can fulfill your request. It is completely voluntarily to opt-in to receive these materials.
You may also opt-out of receiving any marketing materials from Lexus at any time by
clicking here.
If you opt-in to receive information from this Site, you may be required to provide your personally identifiable information, such as your name, address, phone number or e-mail address ("
Personal Information"). Please see our
Privacy Policy for more information on how we protect your personal information.
If you opt to receive information from this Site, you agree to provide true, accurate and complete information about yourself as prompted by the online forms. If we have reasonable grounds to suspect that the Personal Information is untrue, inaccurate or incomplete, we have the right to refuse any and all current or future requests you make through this Site.
We shall have no liability associated with or arising from your failure to maintain accurate Registration Data including, but not limited to, your failure to receive critical information about the Site.
Register for VIP Partner Program, Email and Text Messages
If you receive a VIP Benefits Card, you may register for our VIP Partner Program on this Site by providing us with your card code, name, email address and zip code. Once you register, you will have access to all benefits available through the VIP Partner Program.
In addition, if you would like receive special limited offers by text messaging to your cell phone, you must provide Lexus, through this Site, with your cell phone number. You may be charged by your wireless service provider in connection with the text messages we send to you. You may opt-out of receiving the text messages by
darkride@5thfinger.com,, calling us at [888-888-8888]} or by texting "STOP" to 57895 at anytime after you register on this Site to receive text messages.
Upload Photographs, Videos and/or Voice Recordings
If you wish to participate in the Dark Ride Interactive film, you may be asked to upload photographs, videos and/or voice recordings. Uploading these materials is entirely voluntary. You may participate in the interactive filmmaking without uploading any materials. YOUR PHOTOGRAPHS, VIDEOS AND/OR VOICE RECORDINGS ON THE SITE WILL BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY AS TO YOU, UNLESS SPECIFICALLY STATED IN OUR
PRIVACY STATEMENT.
You understand that by uploading your photographs, videos and/or voice recordings, you are giving us and our designees an exclusive (unless specifically stated otherwise in this Site), worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to exploit your Photographs, videos and/or voice recordings, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. Our rights shall include, without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense (through multiple tiers), adapt, and stream the Photographs, videos and/or voice recordings in any and all media now or hereafter known, including but not limited to, the Internet and outdoor billboards, throughout the world, related to the Toyota Entities, their respective distributors, dealers and dealer associations, sales of their respective products or services (for example, sales of Toyota brand automobiles) and any other promotions sponsored by us. You acknowledge and agree that neither Toyota nor any of the other Toyota Entities has now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or any other intellectual property or confidentiality, privacy and/or publicity interest in and to any Photographs, videos and/or voice recordings made by you.
You understand and agree that no confidential or fiduciary relationship is established between you and us by through your ability to upload and share photographs, videos and/or voice recordings through this Site.
You are solely responsible for any photographs, videos and/or voice you upload. NEITHER TOYOTA MOTOR SALES, USA, INC. NOR ANY OF THE OTHER TOYOTA ENTITIES MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO (X) ANY PHOTOGRAPHS, VIDEOS AND/OR VOICE RECORDINGS, OR (Y) THE ACCURACY, APPROPRIATENESS, AUTHENTICITY, TIMELINESS, COMPLETENESS, LEGALITY AND/OR RELIABILITY OF ANY PHOTOGRAPHS, VIDEOS AND/OR VOICE RECORDINGS. You waive any claim of alteration, optical illusion, or faulty mechanical or electronic reproduction of any Photographs, videos and/or voice recordings.
You warrant, represent and covenant that:
- your photographs, videos and/or voice recordings or any other personally identifiable information you provide to us, as well as any data you provide, is accurate, complete, authentic, timely, legal and valid, and otherwise complies with any requirements and/or restrictions set forth in the agreement;
- you have the full and exclusive right, power, and authority to provide the Photographs, videos and/or voice recordings and to grant us the rights to the Photographs, videos and/or voice recordings herein granted upon the terms and conditions set forth herein;
- your photographs, videos and/or voice recordings do not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights;
- your photographs, videos and/or voice recordings are not obscene, offensive, profane, pornographic, sexually oriented, explicit or suggestive; are not unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; and do not promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); or any activities that may be construed as unsafe or dangerous; or any particular political agenda or message;
- if your photographs, videos and/or voice recordings appear to endorse Toyota, Lexus or Scion brand vehicles or any Toyota entities, and/or imply any association with any Toyota entities or our business, you consent to such appearance of endorsement and/or association, and if a third party appears to endorse, or be associated with, Toyota, Lexus or Scion brand vehicles, Toyota entities or our business, you have obtained the express written consent of such third party to such endorsement and/or association (and, if requested to do so, can produce such written consent in a form and manner acceptable to us); and
- if any photograph contains persons other than yourself or third party elements not owned by you, you have obtained express written consent to provide such Photograph and allow it to be used in the manner contemplated by these terms from each and every person depicted in the Photograph and each and every owner of any third party element, and, if requested to do so, can produce such written consent in a form and manner acceptable to us (and in particular, if any minor is depicted in any photograph, information and/or video, you have obtained the express written consent of the minor's parent or legal guardian to submit such photograph, information and/or video and allow it to be used in the manner contemplated in this agreement).
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Restrictions on Use of this Site
As a condition of using this Site, you agree to the following rules:
(A) You may not copy, download, distribute (including without limitation, forwarding to others), modify, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the Content or other material displayed on this Site, including without limitation, the Lexus name, logos, model names and any other trademark of Lexus or its affiliated companies, for any purpose whatsoever without our written consent and/or the consent of any third party we deem necessary;
(B) You may not access or use this Site in any way that could or is intended to damage or impair the operation of this Site, or any content of or material displayed on this Site, or any server or network underlying this Site, or interferes with anyone else's use and enjoyment of this Site;
(C) You may not access or use this Site in any way that could or is intend to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation, rights of privacy or publicity;
(D) You may not access or attempt to access any data, information, system or servers on which this Site is hosted or modify or alter this Site in any way;
(E) You may not transmit or broadcast any
commercial messages, text, photographs, video or audio content; or
(F) You may not link to, frame or otherwise reproduce this Site without our prior consent, except that you may identify Lexus products by name or link to this Site if you comply with the Guidelines for External Sites set forth below.
Access to this Site
Lexus reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Site's operation, or portions thereof, with or without notice to you.
Third-Party Products and Services and Links
The Site may contain (or, if available, you may be sent through the Site) links to other websites ("
Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "
Third-Party Applications, Software or Content"). Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability or completeness by us, and none of the Lexus Entities are responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by us (or any of the other Lexus Entities).
If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. We may also make available or provide access to products and services of Third Parties. Such products or services shall be purchased and/or obtained directly from such Third Party. LEXUS SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES. LEXUS SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE LINKED TO THIS SITE, AND THE FACT SUCH LINKS ARE PROVIDED ON THIS SITE DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEBSITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEBSITE IS AT YOUR OWN RISK.
Intellectual Property; Copyright Agent
We respect the intellectual property of others, and we ask our users to do the same. If you are the owner of a U.S. copyright and you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
(A) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(C) a description of where the material that you claim is infringing is located on this Site;
(D) your address, telephone number and e-mail address;
(E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
- Copyright Agent
- c/o Toyota Customer Experience-Mailstop WC11
- Toyota Motor Sales, U.S.A., Inc.
- 19001 South Western Avenue
- Torrance, California 90501
By phone: 1-800-331-4331
By facsimile: 310-468-7814
By e-mail:
http://www.toyota.com/copyrightagent
NOTE: Communication to Lexus with respect to any product complaint should be directed to Lexus's Customer Relations Services at 800-331-4331, and not through this Site. Please do not submit ideas or suggestions regarding current or future Lexus products, promotions or advertising. For legal reasons, we do not accept such unsolicited ideas or suggestions.
Forward to a Friend Opportunities
You may forward information from the Site to persons with whom you have a personal relationship (your "
Friends") or e-mail your Friends. We may request that you submit information about your Friend, including, without limitation, e-mail addresses or social networks and names so they may receive information you wish to send to them. We will use and store any such information that we collect from you about a Friend only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Friend consents to the use for such other purpose. We reserve the right to limit the number of Friends you can submit. We reserve the right to limit the number of transmissions to any particular Friends from time to time. You may not withdraw the contact information you provide for a Friend once it has been submitted. The contact information for a Friend must be valid and functioning in order for us to contact him or her with the information you have requested we e-mail to your Friend. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any e-mail address if it appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject any request you make to forward to a Friend or e-mail a Friend if (a) the contact information provided by you is incorrect or not valid, or (b) we determine in our sole discretion that the participation of such individual might be harmful to us, this Site, any Service, or any third party for any reason. We specifically disclaim any liability for exercising such right.
Privacy
You should review our
Privacy Policy for an explanation of our collection and use of personal information before further using this Site, as you will be bound by the terms of such Privacy Policy.
Indemnity and Hold Harmless
You agree to defend, indemnify and hold harmless Lexus and its parent, subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders (collectively, "
Lexus Parties"), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
Disclaimer of Warranties
You understand and agree that your use of the Site is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of this Site.
This Site and its Content are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, expressed, implied or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Lexus makes no warranties that this Site or any material obtained through herein will meet your requirements, or that this Site will be uninterrupted, timely, secure, non-infringing or error-free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for use of the Site. No advice or information, whether oral or written, obtained by you from us or through this Site shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We assume no liability or responsibility for any errors or omissions in the content of this Site. We do not make any warranty or representation that your use of the material displayed on, or obtained through, this Site is non-infringing of any rights of any third party.
Any decision or action taken by you on the basis of information or content provided on this Site is at your sole discretion and risk. We are not responsible or liable for any such decision, or for the accuracy, completeness, usefulness or availability of any content displayed, transmitted or otherwise made available on this Site.
Limitations of Liabilities and Release of Liability
Except in jurisdictions where such provisions are restricted, you agree that Lexus's entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity or otherwise, with respect to the service provided under these Terms of Use and/or for any breach of these Terms is solely limited to the amount of fifty cents ($.50). Except in jurisdictions where such provisions are restricted, Lexus parties and their licensors and contractors (including any third parties providing all or part of the service) (collectively, "released parties") shall not be liable for any indirect, incidental, special or consequential damages even if the released parties have been advised of the possibility of such damages. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein our liability is limited to the maximum extent permitted by law in such states.
You hereby release, discharge, indemnify and hold harmless each of the released parties from and against any claims, damages, expenses and liability arising from or related to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or part, directly or indirectly, from your use of this Site.
No Offer to Sell or Lease
All of the information contained in this Site is for information purposes only and in no way constitutes an offer to buy or sell Lexus vehicles. The purchase of any Lexus vehicle shall be subject to the terms and conditions of the applicable sale, lease or retail installment contract. The MSRPs (Manufacturers Suggested Retail Price) listed on this site exclude tax, title, license and registration. Actual dealer price may vary. This site shall not be used or relied upon by you as a substitute for information that is available to you from an authorized Lexus automobile dealer.
Miscellaneous
(A)
Notices and Announcements: Except as expressly provided otherwise herein, all notices to Lexus shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
Toyota Customer Relations - Mailstop WC11
19001 S. Western Ave.
Torrance, CA 90501
(B)
Severability: If any provision of these Terms of Use are unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
(C)
Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us regarding this Site and supersedes all prior agreements and understandings with respect to the subject matter of these Terms.
(D)
Waiver: The remedies of Lexus set forth in these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under these Terms shall not constitute a waiver of such right.
Guidelines for External Sites
If you would like to use Lexus information or link to lexus.com, please read and comply with the following guidelines and all applicable laws.
External Site Use of Lexus Information
Third-party sites must have prior written approval before using any text, trademarks, graphics or photographs from any Lexus source, such as websites or brochures.
Third-party sites may use brand or model names in site texts only to the extent necessary to identify Lexus products. Any other use of Lexus brand names or any use of Lexus logos, trademarks, service marks, model names or service names is expressly not allowed. Also not allowed is the use of text or any other material in any way that implies sponsorship, approval of or affiliation with Lexus.
External Site Naming Guidelines
Third parties may not use a brand, product name or other confusingly similar word or group of letters in a domain name (similar to the brand names, trademarks and/or trade names of Lexus and/or its affiliated companies) without prior written Lexus approval.
No Misrepresentation
Third-party sites must not in any way imply that Lexus is endorsing it or its products or services; must not misrepresent its relationship with Lexus; must not present false information about Lexus; must not be a site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; and must not be a site that contains content that could be construed as distasteful, offensive or controversial.
Linking to lexus.com
Third-party sites may not use links to lexus.com in any way that implies sponsorship or affiliation. Furthermore, when linking to lexus.com, that site may not appear as a frame within the site that provides the link or appear in any way that makes the destination site appear to be content belonging to the site containing the link.
External Site Disclaimer
Third-party sites must include a prominently displayed disclaimer on the home page stating that the site is not authorized by or affiliated with Lexus.