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FALKEN FANATIC WEBSITE

TERMS OF USE AGREEMENT

Falken Fanatic is an interactive website (the "Site") that is part of Falken Tire Corporation's ("Falken") larger website. The Site is an interactive area that allows Falken consumers and enthusiasts ("User") to leave comments, engage in discussion forums, share ideas and upload user generated content. Furthermore, Users may create their own page where User generated content may also be uploaded. This page states the Terms of Use Agreement (the "Agreement") under which you may use this Site. Please read this Agreement carefully.


1. Binding Agreement

By using this Site, or any services provided in connection with this Site, you agree to be bound by this Agreement, as it may be amended by Falken from time to time in its sole discretion. Falken will post a notice on this Site any time this Agreement has been modified. If you do not accept this Agreement, please leave this Site and cease all use of this Site and its related services. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT, THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE WILLING TO ENTER, AND ARE LEGALLY ABLE TO ENTER, INTO THIS AGREEMENT.


2. Term

This Agreement shall remain in full force and effect whenever you are using this Site or are a User. As a User, Falken may terminate your account at any time, without warning, for any violation of this Agreement. If Falken terminates your account, this Agreement shall remain applicable to any and all activities that occurred on your account prior to its termination.


3. Privacy Policy and Falken's Website Terms of Use Agreement

Falken respects your privacy. A complete copy of Falken's current privacy policy (the "Privacy Policy") can be found here. The Privacy Policy is hereby expressly incorporated into this Agreement by reference. By using this Site, you agree to be bound by the terms of the Privacy Policy. In the event of any inconsistency between the Privacy Policy and this Agreement, the terms of the Privacy Policy shall govern.

Furthermore, because this Site is part of Falken's larger website, the Terms of Use governing the larger website is hereby expressly incorporated into this Agreement by reference. The Terms of Use being referred to in this paragraph can be found here. By using this Site, you also agree to be bound by the terms of Terms of Use governing the larger website.


4. Intellectual Property Policy

Falken owns the intellectual property rights in this Site's contents (the "Site Material"), including, but not limited to, the text, graphics, and images on this Site. By using this Site, you agree to be bound by the intellectual property policy as set forth in this section.

4.1 Limited License to Site Material

Falken grants you a limited, revocable, and non-transferrable license to view and download a single copy of the Site Material, to the extent necessary for you to access this Site. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify the Site Material or reproduce, display, distribute or otherwise use the Site Material in any way for any commercial purpose. Use of the Site Material on any other website or in any networked environment is prohibited. The names, marks and logos appearing on this Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Falken. Unauthorized use of the Site Material violates copyright, trademark and other intellectual property laws.

4.2 User-Submitted Content

With respect to any content you submit to Falken through this Site (the "User Content"), you represent and warrant at all times that: (i) you own such User Content or otherwise have the right to grant Falken a license to use such content, (ii) submission of such User Content to Falken does not violate any copyright, trademark, trade secret or other intellectual property right of any third party, and (iii) submission of such User Content to Falken does not violate the privacy rights, publicity rights, or any other rights of any person or entity. You agree to pay all royalties, fees and any other monies owed to any person by reason of any User Content submitted by you to Falken. If any User Content contains any material subject to any intellectual property, privacy, publicity or other similar right of a third party, upon request by Falken, you agree to obtain and provide to Falken a written release signed by such third party in form and substance satisfactory to Falken.

By submitting User Content to Falken, you are granting to Falken and its affiliates, officers, directors, employees, consultants, agents and representatives an irrevocable perpetual license to use such User Content, including without limitation a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reform such User Content in any media, form or format now existing or hereinafter created, including but not limited to, television, radio, cable, video, CD, DVD, MP3, internet, mobile devices, newspapers and magazines. Such license shall be valid worldwide, fully-paid and royalty-free (meaning Falken is not required to pay you for any User Content you submit), and sublicensable (meaning Falken may provide the User Content for use by its affiliates and subcontractors).

4.3 Content License Agreement for Media Content

On the Site, Users may obtain photographs, illustrations, animations, video, footage and other media content (collectively, the "Media Content") that Visitors do not have access to. The use of any Media Content obtained from the User Portal is governed by a content license agreement (the "Content License") entered into by and among Falken and each User. In the event of any inconsistencies between the Content License and this Agreement, the terms of the Content License shall govern.

4.4 Copyright Infringement Claims

If you believe your copyrighted work has been submitted to Falken in a manner that constitutes copyright infringement, please provide Falken's designated agent (address provided below) with your name, address, phone number and email address, along with a statement identifying the material that you believe is being used without consent. The designated agent can be reached at:

Attention: Mary Fletcher
Falken Tire Corporation
13649 Valley Blvd.
Fontana, CA 92235
Phone: (909) 466-1116 ext. 320



5. Responsibilities and Rules

You are solely responsible for your use of the Site and you use it at your own risk. By using the Site or submitting User Content to the Site, you represent and warrant that you are 18 years of age or older.

5.1 Prohibited Uses

You agree that:

• You will not upload, post or otherwise transmit any User Content that violates or infringes on the rights of others, including statements or actions that may defame, stalk, harass, bully, intimidate or threaten others.
• You will not upload, post, or otherwise transmit any User Content that is offensive to the online community, including blatant expression of bigotry, hatred, racism, abusiveness, vulgarity or profanity.
• You will not send or otherwise post unauthorized commercial communications (such as spam).
• You will not engage in illegal or unlawful activities such as unlawful multi-level marketing activities, such as pyramid schemes.
• You will not collect other users' content or information using automated means (such as harvesting bots, robots, spiders, or scrapers) without Falken's express, written authorization.
• You will not upload viruses or malicious code.
• You will not post content that is hateful, threatening, libelous, defamatory, obscene, pornographic, or that contains nudity or gratuitous violence.
• You will not post content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate a law or regulation.
• You will not solicit personal information from anyone under the age of 18.
• You will not offer any contest, giveaway, or sweepstakes or other promotions without Falken's express, written authorization.
• You will not use the Site to do anything unlawful, misleading, malicious or discriminatory.
• You will not facilitate or encourage any violations of this Agreement.

5.2 Registration and Account Safety

In order to register, you will need to create a username and enter your email address and a valid date of birth. Therefore, you agree that:

• You will not provide a false birth date, or create an account for anyone other than yourself.
• You will not use your personal profile for your own commercial gain (such as selling your post or comments to an advertiser, or advertising on behalf of others).
• [You will not use the Site if you are a convicted sex offender. Discussion point due to spokes model issue.]
• You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account.
• If you select a user name for your account that is deemed, in Falken's sole discretion to be inappropriate, Falken reserves the right to remove or reclaim it. This would include, but not be limited to, user names that are inappropriate because they are offensive, or because a trademark owner complaints about a username because it does not closely relate to a user's actual name.

5.3 Monitoring

Falken reserves the right, but not the obligation, to monitor User Content that is uploaded or posted to determine compliance with this Terms of Use Agreement and to comply with law, regulation or authorized government request. Although Falken has no obligation to monitor, screen, edit or remove any of the User Content, Falken reserves the right, and has absolute discretion, to monitor, screen, edit, remove or refuse to post without prior notice at any time for any reason, User Content. You are solely responsible for creating backup copies of and replacing User Content posted to the Site at your sole expense and cost. Falken also reserves the right to investigate or take appropriate legal action against anyone who, in Falken's sole discretion, is deemed to have violated this Agreement, including, without limitation, the right to report such violations to law enforcement authorities.


6. Prohibited Activities

6.1 Prohibited Uses

Falken imposes certain restrictions on your use of this Site and its related services ("Prohibited Uses"). You are prohibited from engaging in any criminal or tortious activity in connection with your use of this Site. You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of this Site or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering with or attempting to interfere with service to any user, host, or network, including without limitation, by means of overloading, "flooding," "spamming," "mail bombing," "crashing," or submitting a virus to, this Site; (d) using this Site to send unsolicited e-mail, including without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail to this Site; and (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Falken in providing this Site. Any violation of this Site's system or network security may subject you to civil and/or criminal liability. Falken reserves the right to define and add activities to the list of Prohibited Uses, at its sole discretion.


7. Hyperlinks

This Site may contain hyperlinks to third-party websites. When you access these third-party websites through this Site, you do so at your own risk. Falken in no way investigates, monitors or checks the accuracy or completeness of such third-party websites, and Falken is not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside on such websites. Third-party websites may, from time to time, publish hyperlinks that redirect users to this Site. Falken currently imposes no restrictions on hyperlinks directed to this Site.


8. Disclaimer of Warranties

THIS SITE IS PROVIDED ON AN "AS IS" BASIS AND IS TO BE USED AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FALKEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SITE. THE WARRANTIES DISCLAIMED HEREIN INCLUDE, BUT ARE NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. FALKEN WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THIS SITE. YOU ASSUME THE RISK THAT YOU MAY BE UNABLE TO USE THIS SITE, AND THAT USE OF THIS SITE MAY BE INTERRUPTED.


9. Limitation of Falken's Liability

To the fullest extent permissible by law, in no event shall Falken be liable for any direct, indirect, special, consequential, incidental or punitive damages arising out of the use of or the inability to use this Site. This limitation shall apply regardless of whether the damages arise out of warranty, contract, tort, or any other legal theory or form of action, and regardless of whether Falken is advised of the possibility of such damages.


10. Indemnity

By using this Site, you agree to defend, indemnify, and hold harmless Falken, its officers, directors, employees and agents, from and against any and all losses, claims, damages, and costs (including reasonable legal and accounting fees) that arise from your access or use of this Site or your breach of this Agreement. Falken reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.


11. Jurisdiction and Governing Law

This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without respect to any conflict of laws principles. You hereby irrevocably submit to the jurisdiction of the courts situated in California with respect to any dispute, disagreement, or cause of action related to or involving this Site.


12. Miscellaneous Provisions

12.1 Severability

If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

12.2 Waivers

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision in the Agreement. No waiver shall be effective unless made in writing and signed by the authorized representative of the waiving party.

12.3 Modifications

Falken may, in its sole discretion and without prior notice (a) revise this Agreement, (b) modify this Site and/or its related services, and (c) discontinue this Site and/or its related services, at any time. You agree to review this Agreement periodically to be aware of any revisions to the Agreement. You further agree that, by continuing to use or access this Site following notice of a revision, you shall be bound by such revision.

12.4 Entire Agreement

Except as expressly provided in this Agreement or on this Site, this Agreement constitutes the entire agreement between you and Falken with respect to your use of this Site and its related services.