AutoMotion App Terms & Conditions

APPLICATION TERMS OF USE

This mobile application (the “Application”) is owned and operated by Cinemotion, LLC d/b/a AutoMotion TV (“AutoMotion”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APPLICATION. By using this Application you agree to these terms of use (the “Terms”). If you do not agree to the Terms, please do not use the Application. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the Application following the posting of changes to the Terms will mean you accept those changes. These Terms shall set forth the terms and conditions pursuant to which you can use the Application. Use of the Application is also subject to the terms and conditions of the Application’s mobile distributor or the terms and conditions required by the mobile network operator.

THE APPLICATION

The Application, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Application is the property of AutoMotion or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. AutoMotion hereby grants you a limited, nonexclusive, non-transferable, personal license to use the Application for personal or informational purposes only. Except as expressly authorized by AutoMotion in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Application for any purpose or “frame" or "mirror" the Application on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to AutoMotion and/or its licensors.

To use certain features of the Application or participate in certain activities sponsored by AutoMotion, we might ask you to register as a participant or user. If so requested, each Application user must: (a) personally provide true, accurate, current and complete information on the Application's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, AutoMotion has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, AutoMotion may suspend or terminate any and all current or future use of the Application by that user. A user may receive passwords and account designations upon completing certain Application registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.

CONTENT SUBMISSIONS

All information, data, text, software, music, sound, photographs, graphics, video, messages, comments or any other materials whatsoever, whether posted or transmitted to AutoMotion or the Application, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants AutoMotion the royalty-free, world-wide perpetual, non-exclusive, transferable license to AutoMotion to use, reproduce, modify, edit, publish, distribute and display such Content through the Application or those related websites hosted by AutoMotion. AutoMotion has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. AutoMotion shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. AutoMotion, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Application users and the public.

RULES FOR CONTENT SUBMISSION

We ask you to follow these rules when submitting, posting or sharing Content on the Application: (a) you shall not upload to, distribute through or otherwise publish through the Application any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (b) you shall not use the Application to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) you will use this Application only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from AutoMotion; (e) you will only submit Content for which you have the copyright or other specific permission to distribute; and (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. AutoMotion shall not be liable in any way for any Content.

Your Content is deemed non-confidential and the AutoMotion has no obligation to maintain the confidentiality of any information, in whatever form, contained in any such Content, except pursuant to the AutoMotion privacy policy ( HYPERLINK "http://www.AutoMotiontv.com/privacy-policy/” www.automotiontv.com/privacy-policy). AutoMotion does not verify, endorse or otherwise vouch for the Content.

Content submitted to the Application or the AutoMotion do not represent the views of AutoMotion, or any individual associated with AutoMotion, and AutoMotion does not control this Content. In no event shall you represent or suggest, directly or indirectly, AutoMotion’s endorsement of your Content. AutoMotion does not vouch for the accuracy or credibility of any Content and does not take any responsibility or assume any liability for any actions you may take as a result of reading Content on the Application.

USE OF APPLICATION BY CHILDREN

THE APPLICATION IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13.

TERMINATION

AutoMotion may terminate your use of the Application for: (a) breach of these Terms; (b) your abuse of Application resources or attempt to gain unauthorized entry to the Application; or (c) as required by law, regulation, court or governing agency order. AutoMotion's termination of any user's access to the Application may be effected without notice and, on such termination, AutoMotion may immediately bar any further access to the Application. AutoMotion shall not be liable to any user or other third party for any termination of that user's access to the Application. In the event of termination, AutoMotion reserves the right to delete or save a user’s Content at AutoMotion’s sole discretion.

LINKS

The Application may provide links to websites or other applications. AutoMotion exercises no control whatsoever over such other websites or applications and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites or applications, including information, material, products and services therein, is solely at your own risk.

LIMITED WARRANTY; LIMITATION OF LIABILITY

EACH USER'S USE OF THE APPLICATION IS AT HIS OR HER SOLE RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUTOMOTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AUTOMOTION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

COPYRIGHTS

AutoMotion respects the intellectual property rights of others, and requires that the people who use the Application do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Application in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit AutoMotion to locate the material, including, if applicable the full URL; (d) your name, address, telephone number, and email 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:

John Roberts New Counsel, PLC 233 Park Avenue, Suite 203 Minneapolis, Minnesota 55415 612-659-8443 jroberts@newcounsel.com

PRIVACY

AutoMotion agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review here or by sending an e-mail request to: support@automotionweb.com.

GENERAL INFORMATION

The Terms constitute the entire agreement between each user and AutoMotion and govern each user's use of Application, superseding any prior agreements. The Terms and the relationship between each user and AutoMotion shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. This Application is controlled and operated by AutoMotion from its offices within the State of Minnesota, United States of America. AutoMotion makes no representation that materials in the Application are appropriate or available for use in other locations. Those who choose to access this Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between AutoMotion and any user.

AUTOMOTION PRIVACY POLICY

This policy explains our information practices, defines your privacy options and describes how your information is collected and used.

This policy covers the website at www.automotiontv.com (the “AutoMotion Website”) and the various mobile and desktop applications (collectively the “Applications”) made available by Cinemotion, LLC d/b/a AutoMotion TV (“AutoMotion”) and its wholly owned subsidiaries . The AutoMotion Website and the Applications are owned and operated by AutoMotion. Should you have privacy questions or concerns, send an email to privacy@automotiontv.com.

By using or visiting the AutoMotion Website or using the Applications, you agree to the collection and use of information in the manner described in this policy. AutoMotion shall have right at any time and without prior notice, at its sole discretion, to revise this policy. If we make material changes to this policy, we will notify you by email, by means of a notice the next time you log in to the AutoMotion Website, by means of a notice on the AutoMotion Website homepage or when you next activate the Applications. Such revisions and additions shall be effective immediately upon notice. You are responsible for reviewing the AutoMotion Website or Applications periodically for any modification to this policy. Any access or use of the AutoMotion Website or Applications by you after notice of modifications to this policy shall constitute and be deemed to be your agreement to such modifications.

THE INFORMATION WE COLLECT

This policy applies to all information collected on the AutoMotion Website, any information you provide to AutoMotion and any information that results from your use of Applications. You will most likely provide us personal information to us when you download and then use the Applications. The personal information we may collect might include passwords, usernames, addresses, email addresses and phone numbers.

THE APPLICATIONS

Use of the Applications is subject to the terms and conditions of the “Terms and Conditions for AutoMotion Application Creation” (www.automotiontv.com/terms).

BLOGS AND PRODUCT REVIEWS

The AutoMotion Website or Applications may include blogs, product reviews or other message areas that allow users to post or send information to the AutoMotion Website or the Applications. When you post information to the AutoMotion Website or Applications, others can also view that information. We urge you to exercise caution when providing personally identifiable information to AutoMotion, AutoMotion Website or the Applications.

OUR COLLECTION OF YOUR DATA

In addition to the personal information you supply, we may collect certain information to (1) evaluate how visitors, guests, and customers use the AutoMotion Website or the Applications; or (2) provide you with personalized information or offers. We collect data to make the AutoMotion Website and Applications work better for you in the following ways: to improve the design of the AutoMotion Website and Applications, to provide personalization on the AutoMotion Website and Applications and to evaluate the performance of our marketing programs. The technologies we may use to gather this non-personal information may include “IP” addresses, “cookies”, browser detection, “weblogs” and various “geo-location” tools.

HOW WE COLLECT AND USE INFORMATION

Our primary goal in collecting your information is to provide you with a personalized, relevant, and positive experience with the AutoMotion Website and Applications.

If you sign in to use an Application using a third party’s automatic sign-in process (e.g. Apple, Google, Facebook or Twitter), AutoMotion may receive your name, email address and other personal information. By signing in to use the Applications you may receive promotions and updates or may be contacted for market research purposes. You can control your privacy preferences regarding such marketing communications (see the section below entitled “Your Privacy Preferences”).

IP addresses define the Internet location of computers and help us better understand the geographic distribution of our visitors and customers and manage the performance of the AutoMotion Website and/or Applications. Cookies are tiny files placed onto the hard drive of your computer when you visit the AutoMotion Website and/or Applications, so we can immediately recognize you when you return to the AutoMotion Website or Applications and deliver content specific to your interests. You may modify your browser preferences to accept all cookies, be notified when a cookie is set, or reject all cookies. Please consult your browser instructions for information on how to modify your choices about cookies. If you modify your browser preferences, certain features of the AutoMotion Website or Applications may not be available to you.

We may detect the type of web browser you are using to optimize the performance of the AutoMotion Website or Applications and to understand the mix of browsers used by our visitors, guests, and customers. To learn about how people use our site, we examine weblogs, which show the paths people take through the AutoMotion Website and how long they spend in certain areas.

When you use the Applications, the Applications may know, in very general terms, your current physical location, your mobile device model number, your mobile device operating system version, the time when you observed the images or other information provided by the Application, your actions prompted by the presentation of such images and information and other meta data created by such images or information. To the extent that your physical location can be determined by the Applications, we may use your location and such other data to make available information to you that is relevant because of your physical location.

Information about you, including personal information, may be shared by AutoMotion with automobile dealers and manufacturers, and their agents and third-party service providers. AutoMotion may share such personal information if, for example: (1) you have expressed an interest in a particular make or model of car or truck for sale, then personal information about you may be shared with dealers in your area; (2) you are interested in trading in a car or truck that you own, we may provide personal information about you to dealers who take trade-ins in your area; (3) you have expressed an interested in certified pre-owned vehicles, AutoMotion may provide automobile manufacturers, their agents or third party service providers, with information about you; or (4) an automobile manufacturer has requested that AutoMotion share personal information, including yours, that was previously provided by AutoMotion to such manufacturers’ franchisees.

We may also compile certain general information related to your use of the Website and Applications. You agree that we are authorized to use, reproduce and generally make such information available to third parties in the aggregate.

AutoMotion may contract with unaffiliated third parties to provide services such as data hosting, analytics and other services. When we do this, we may provide your personally identifiable information to third parties only to provide those services, and they are not authorized to use your personally identifiable information for any other purpose.

We may further use your personal data to (1) offer you products or services, including the products or services of others; or (2) enable your communications with AutoMotion and automobile dealers and manufacturers.

OUR COMMITMENT TO DATA SECURITY

Although total security does not exist on the Internet or through mobile networks, AutoMotion shall make commercially reasonable efforts to safeguard the information that you submit to AutoMotion.

USE OF THE AUTOMOTION WEBSITE AND APPLICATIONS BY CHILDREN

THE AUTOMOTION WEBSITE AND THE APPLICATIONS ARE NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13.

YOUR PRIVACY PREFERENCES

When you sign up as a registered user of the AutoMotion Website or Applications you may begin receiving marketing communications such as e-mail newsletters, product and service updates and promotions. Our customers generally find this type of information useful. If you do not want to receive these updates, you must “opt-out” by unchecking the “Add me to the mailing list” box on the registration page, or should you choose to opt-out after registering, you can select the “unsubscribe” link at the bottom of the email or text and follow the opt-out instructions or send an email to privacy@automotiontv.com/unsubscribe.

To the extent that you use an Apple device to access or use the AutoMotion Website or the Applications, and you would like to stop sharing your personal information with AutoMotion, you may do so by following instructions provided by Apple at https://support.apple.com/en-us/HT210426.

HOW TO ACCESS OR CORRECT YOUR INFORMATION

Send AutoMotion an email at privacy@automotiontv.com if you want to access, review, correct or delete your personally identifiable information collected by AutoMotion (some information may not be deleted, including information AutoMotion is required to keep by law). To protect your privacy and security, AutoMotion requires a user ID and password to verify your identity before granting you the right to access, review, make corrections to or delete your personally identifiable information.

DISCLOSURE OF INFORMATION

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order or legal process. It is also possible that AutoMotion would sell its business (by merger, acquisition, reorganization or otherwise) or sell all or substantially all its assets. In any transaction of this kind, customer information, including your personally identifiable information, may be among the assets that are transferred. If we decide to so transfer your personally identifiable information, you will be notified by an email sent to the last know email address in our files, by notice posted on the AutoMotion Website or when you activate the Applications.

PRIVACY AND OTHER WEBSITES AND APPLICATIONS

The AutoMotion Website or the Applications may contain links to other websites or other mobile applications, some which might be co-branded with AutoMotion. AutoMotion is not responsible for the privacy practices of these other sites or applications. This policy only applies to information collected by AutoMotion.