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Review Guidelines

Review Guidelines

BY ACCESSING, BROWSING, OR USING THE SITES OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN, AND ANY POLICIES REFERENCED BY, THESE TERMS OF USE, INCLUDING ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITES OR SERVICES.

 

Contributor Content

Reviews, Responses and other content posted in connection with the Services, including all text, images, data, documents, information, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions or other materials (collectively, "Contributor Content") may be posted by anyone, including you and other Users, as well as employees and other representatives of the Host Site (each a "Contributor"). Michelin does not select, endorse or approve Contributors or Contributor Content. Reviews and Responses may display a badge providing additional information about the Contributor, which may help you better evaluate the credibility of Responses and Responses. However, such badges do not create any representations or warranties about the Contributor or about the accuracy or quality of the Review or Response. The Host Site determines which Contributors receive badges on Host Sites, and Michelin does not guarantee or independently verify the level of expertise (if any), past purchasing experience, identity, affiliation or other qualifications or characteristics of any Contributor. Please note that depending on the Loyalty Program Terms, Contributors may receive Loyalty Program Recognition for providing Contributor Content.

 

Michelin provides the Services, the Sites, and the applications and services therein as a forum only. All decisions regarding the posting of Contributor Content on a Host Site are controlled solely by the Host Site, and not by Michelin. As a result, Michelin does not control and is not liable for any Contributor Content, including for any errors or omissions in any Contributor Content or for any loss or damage of any kind incurred as a result of the use of any Contributor Content. Michelin does not warrant or guarantee the accuracy, integrity, reliability, adequacy, efficacy, applicability, completeness, timeliness, currency or quality of such Contributor Content or the qualifications of any Contributors, regardless of any badges that may be displayed. Any Contributor Content submitted in connection with the Services, if displayed, are displayed for entertainment and informational purposes only. Although Michelin may have the right to review, remove, filter, screen, or monitor Contributor Content posted in connection with the Services, Michelin is not obligated to do so and is not responsible for any failure to do so. Contributor Content may be changed periodically without prior notice. Your use of Contributor Content is voluntary, and you should rely on Contributor Content only after you independently review its accuracy, completeness, efficacy, and timeliness. You understand that by using the Services, you may be exposed to Contributor Content that may be offensive, indecent, or objectionable. All questions or comments about safety concerns or product defects should be directed to the applicable Host Site, and not posted using the Services.

 

ANY USE OR RELIANCE ON REVIEWS, RESPONSES OR OTHER CONTRIBUTOR CONTENT IS SOLELY AT YOUR OWN RISK. YOU SHOULD NOT USE THE SERVICES FOR EMERGENCY PURPOSES OR TO SEEK OR PROVIDE ADVICE, DIAGNOSIS OR TREATMENT OF MEDICAL, PSYCHOLOGICAL, LEGAL, FINANCIAL OR OTHER PROBLEMS OR ISSUES, OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, TAX, LEGAL, INVESTMENT, ACCOUNTING OR OTHER PROFESSIONAL ADVICE.

 

Usage Rules

You are solely responsible for all Contributor Content that you upload, post, email, or otherwise transmit via or to the Sites or the Services and for your conduct on the Sites or while using the Services. You agree not to:

  • stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users or harm minors in any manner;
  • attempt to disguise the origin of any Contributor Content transmitted to the Services whether through the Sites or any Host Sites;
  • act in any manner that negatively affects other users' ability to use the Services or that could damage, disable, overburden or impair the functioning of the Sites or the Host Sites in any manner;
  • impersonate any person or entity, including, without limitation, a site moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • interfere with the Sites or Services, or servers or networks connected to the Sites or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites or Services;
  • use the Service to send any unsolicited commercial messages or for any illegal or unauthorized purpose or to engage in, encourage, or promote any illegal activity, or any activity;
    • Use any robots or other automatic means of accessing, contributing, monitoring, participating in or otherwise using the Site, the Host site or the Services in any way; and
    • upload, post, or otherwise transmit any Contributor Content that:
      • with respect the Review Service or Answer Service, is not relevant to the product, service, person, or entity being reviewed or inquired about, does not reflect the user's honest opinions and experiences, or does not disclose any material connections;
      • is fraudulent, deceptive, false or misleading or contains any unsubstantiated claims,
      • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, indecent, libelous, invasive of another's privacy, hateful, abusive, inflammatory, or racially, ethnically, or otherwise objectionable;
      • suggests or describes unlawful, dangerous or inappropriate uses of any products or services;
      • you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      • contains software viruses, Trojans, worms, corrupted data or any other computer code, files, or programs that are harmful or are designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
      • infringes or violates any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or other rights of any person or entity; or
      • is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

You are prohibited from violating the security of any system or network comprising the Sites or the Services. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:

  • Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of the Sites or Services or to breach security or authentication measures;
  • Unauthorized monitoring of data or traffic on the Site or Services;
  • Interference with the Sites or Services including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks;
  • Forging of any packet header, any e-mail header, or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers; and
  • Using manual or electronic means to avoid any use or access limitations placed on the Sites or Services.

Ownership of Contributor Content

Unless otherwise specifically provided in connection with the Services, by submitting Contributor Content, you hereby irrevocably assign and transfer to Michelin all of your rights, title and interest, on a worldwide basis, including, without limitation, all intellectual property rights and moral rights, in and to such Contributor Content. When submitted in connection with a Host Site, Michelin generally assigns such Contributor Content to the Host Site. To the extent the preceding assignment and transfer is ineffective, grant Michelin an exclusive, irrevocable, royalty-free, perpetual and fully sublicensable, and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, syndicate, create derivative works from and publicly display such Contributor Content throughout the universe in any media, now known or hereafter devised. You also grant Michelin, its affiliates and sublicensees the right to use the name, photo, or other identifier, or any portion thereof, submitted in connection with such Reviews, if they so choose. You represent and warrant that (i) such Contributor Content is either original to you, or all third party rights have been fully cleared for use as contemplated by these Terms of Use; (ii) such Contributor Content does and will not, in any way, violate or breach any of the terms of these Terms of Use, and (iii) Michelin shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Contributor Content.

 

Without limiting the foregoing, once Contributor Content is submitted to Michelin, Michelin may take any or no action with respect to such Contributor Content, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Contributor Content. Further, Host Sites may elect to delete, edit, modify, reject, or refuse to post Contributor Content on their sites. Michelin shall have no duty to attribute authorship of Contributor Content to you, and shall not be obligated to enforce any form of attribution by third parties.

 

Waiver of Moral Rights

If, despite the foregoing assignment and transfer of rights in the Contributor Content, it is determined that you retain any moral rights (including rights of attribution or integrity) in the Contributor Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Contributor Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Responses by Michelin or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Contributor Content; and (d) you forever release Michelin, and its licensees, successors and assigns, from any claims that you could otherwise assert against Michelin by virtue of any such moral rights.

 

Trademarks and Service Marks

"Power Reviews," "Michelin.com," "Michelin," "Buzzillions," "Michelin Express," and Michelin' logos, are trademarks, service marks or registered trademarks of Michelin or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Michelin or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without Michelin' permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Michelin, and may not be copied, imitated, or used, in whole or in part, without Michelin' prior written permission. All other Michelin names or logos mentioned on the Sites or with the Services, or any other trademarks, registered or otherwise, 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 Michelin.

 

Third Party Links, Content, Products and Services

The Sites, the Host Sites and the Services may provide links to other sites or content ("Third Party Content") or may provide information regarding or access to third-party products and services ("Third-Party Products and Services"). Michelin has no control over such Third Party Content or Third-Party Products and Services, and therefore makes no representations or warranties regarding, and expressly disclaims responsibility for, any Third Party Content or Third-Party Products and Services, including regarding the quality, accuracy, content, nature, safety or reliability thereof.. Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Michelin provides links to you only as a convenience, and the inclusion of any link or information on the Sites or Services does not imply Michelin' affiliation, endorsement, or adoption of the Third Party Content or Third-Party Products and Services. When you link to a third-party site, you should review applicable terms and policies, including the privacy and data gathering practices, of the Web sites of any third parties.

 

Enforcement

Notwithstanding anything to the contrary in these Terms of Use, Michelin reserves the right, but does not assume the obligation, to investigate any violation of these Terms of Use or any other misuse of the Sites, the Services, or its systems, equipment, or network. Michelin and all operators of Host Sites hosting the Services further reserves the right (each in its sole discretion) to screen, edit, modify, remove, or disable access to any Contributor Content that violates these provisions or that Michelin or the Host Site operator deem objectionable. Without limitation of the foregoing, and notwithstanding anything contrary in its Privacy Policy, Michelin reserves the right to report any activity or persons (including the disclosure of appropriate subscriber information) to appropriate law enforcement officials, regulators, or other appropriate third parties that Michelin suspects has violated any law or regulation. Michelin also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. Enforcement of the user content or conduct rules set forth in these Terms of Use is solely at PowerReview' discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites or the Services will not contain any content that is prohibited by such rules.

 

INDIRECT OR ATTEMPTED VIOLATIONS OF THESE TERMS OF USE, AND ACTUAL OR ATTEMPTED VIOLATIONS THEREOF BY A THIRD PARTY ON BEHALF OF ANY USER, SHALL BE CONSIDERED VIOLATIONS OF these Terms of Use BY SUCH USER.

 

No Warranties

THE SITES, THE SERVICES, AND THE MATERIALS, INCLUDING ALL CONTRIBUTOR CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITES, THE HOST SITES AND THE SERVICES, INCLUDING ALL CONTRIBUTOR CONTENT DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, HOST SITES AND THE SERVICES, IS AT YOUR SOLE RISK. MICHELIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, THE HOST SITES OR THE SERVICES, AND ANY CONTRIBUTOR CONTENT. MICHELIN DOES NOT REPRESENT OR WARRANT THAT SUCH CONTRIBUTOR CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE. MICHELIN IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, ANY HOST SITES OR THE ACTIONS OF ANY CONTRIBUTORS OR USERS OF THE SITES OR THE HOST SITES.

 

MICHELIN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, RATINGS OR PHOTOGRAPHY. MICHELIN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) OR THE SERVICES AND THE SERVERS OF APPLICABLE HOST SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT THAT IS POSTED BY THIRD PARTIES. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Limited Liability

IN NO EVENT SHALL MICHELIN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE HOST SITES, THE MATERIALS OR THE CONTRIBUTOR CONTENT OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

 

Applicable Law and Venue

The Contract shall in all respects be governed by and construed in accordance with English law and shall be deemed to have been made in England and the parties agree to submit to the exclusive jurisdiction of the courts of England in connection with any dispute arising out of or in connection with the Contract

 

Children

The Sites and its Services are not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, you are not authorized to submit any Contributor Content or provide any personal information to the Sites or the Review Service, and you understand that doing so is a violation of these Terms of Use.

 

Changes to these Terms

Michelin reserves the right to change or modify any of the terms and conditions contained in these Terms of Use, or any policy of the Sites, from time to time at any time and in its sole discretion. If Michelin decides to change these Terms of Use or a Sites policy, it will post a new version on the Sites and update the effective date set forth above. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of any of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and the Services.

 

General Terms

Michelin reserves the right, without notice and in Michelin' sole discretion, to terminate your license to use the Sites and to block or prevent future access to and use of the Sites. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.