1. Acceptance of Terms:
BMW of North America, LLC (“BMW”), in coordination with its community research partner “Q-Insights”, working on behalf of BMW provides an online social networking service (the “Service”) that allows you and other registered members of the community who have been invited to use the Service (referred to individually as a “Member” and collectively as the “Members”) to communicate with BMW about different products and services. BMW and Q-Insights shall collectively be referred to as “Service Provider”.
The Service is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Service Provider and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
You can withdraw this declaration of consent to Service Provider at any time with immediate effect. The revocation request can be submitted online via https://www.impulse-circle.com/contact. Your revocation will result in your access to the online platform www.impulse-circle.com being deactivated.
2. License; General Prohibitions Regarding Your Use of the Service:
3. Member Registration:
4. Member Account, Password, and Security:
You are solely responsible for maintaining the confidentiality of your user name, password and Account and for any and all use of your Account by you or any people using the Service under your user name and password. You agree to immediately notify Service Provider of any unauthorized use of your Account or any other breach of security. Service Provider will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. Term; Termination:
7. Member Content:
7.2 Service Provider reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any Member Content for any reason in its sole and absolute discretion and without notice. Service Provider assumes no responsibility for monitoring the Service for inappropriate Member Content or conduct. If at any time Service Provider chooses, in its sole and absolute discretion, to monitor the Service, Service Provider nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of any Member submitting Member Content.
7.4 You may not post, upload, transmit or otherwise make available on the Service any Member Content that: is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, sexually suggestive imagery, excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18 or otherwise harms minors in any way; publicly posts information that poses or creates a privacy or security risk to any person; constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work and intellectual property, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; constitutes unsolicited or unauthorized advertising or solicitation, promotional materials, “junk mail,” “chain letters,” “instant messaging,” “spimming,” “spamming,” or “pyramid schemes”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal information for commercial or unlawful purposes from other Members; involves commercial activities and/or sales without prior written consent from Service Provider such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person’s consent; is misleading or deceptive, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; infringes or violates any patent, trademark, trade secret, copyright, privacy right, publicity right, contract right, or any other rights of any third-party; you do not have a right to make available under any law or under contractual or fiduciary relationships; or contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network. Service Provider does not sponsor, recommend or endorse any third-party product or service, or any customer ideas or advice. Service Provider reserves the right to investigate and take appropriate legal action against anyone who, in Service Provider’ sole and absolute discretion, violates this Section 7.4, including without limitation, removing the offending Member Content from the Service and terminating or suspending a Member’s right to use the Service.
8. Member Conduct:
9. Service Content:
The Service contains information, data, text, software, music, sound, photographs, graphics, video, messages, advertising, links to web sites, or other materials (collectively, “Service Content”) provided by Service Provider together with crowd-creation, or third-parties (collectively, “Content Suppliers”). Neither Service Provider nor crowd-creation, is responsible or liable, directly or indirectly, for any Service Content or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Service Content. Service Provider is under no obligation to pre-screen Service Content.
10. Proprietary Rights to Member Content:
10.1 You represent, warrant, and promise that: (a) you own the Member Content posted by you on the Service; and (b) your posting or transmitting of Member Content on or through the Service does not, and will not, knowingly infringe, violate or misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights or any other rights of any person or entity.
10.2 You hereby grant, exclusively to Service Provider, all rights of any kind in and to any Member Content posted or transmitted by you on or through the Service, including, without limitation: (a) all rights of contract, copyright, trademark, trade dress and all other rights, throughout the world; (b) the right to modify, publish, prepare derivative works from, and publicly display the Member Content, alone or as part of any other work, in any form, media, or technology, whether now known or hereafter developed; and (c) the exclusive right to license or otherwise transfer any or all such rights to any other party. All Member Content belongs solely to Service Provider. However, to the extent, if any, that any Member Content is not assignable, you automatically grant, and represent and warrant that you have the right to grant, to Service Provider a worldwide, royalty-free, irrevocable, perpetual, fully-sublicensable, and non-exclusive right and license to use, host, reproduce, modify, adapt, publish, edit, translate, distribute, perform, combine with information provided by third-parties, create derivative work of and display such Member Content alone, or as a part of other works, in any form, media, or technology, whether now known or hereafter developed. Any such Member Content may be used by Service Provider or licensed to others by Service Provider for any purpose, including, without limitation, for reproduction, disclosure, transmission, publication, broadcast and posting. No compensation will be paid or due you with respect to Service Provider’ or its sublicensees’ use of the Member Content pursuant to this Section 10.
11. Service Provider’ Intellectual Proprietary Rights:
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned and/or controlled by Service Provider, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service.
The Service Provider name(s), logo(s), and all related names, logos, product and service names, designs, and slogans are trademarks of its or their affiliates or licensors. You must not use such marks without the prior written permission of Service Provider. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
13. Information for California Residents:
Under California Civil Code Section 1789.3, Members located in California are entitled to the following consumer rights information: (a) the Service Provider can be contacted at: 1900 Ave of the Stars, c/o Q-Insights Compliance Team (c/o Impulse Circle BMW Community), 16th Floor, Los Angeles, CA 90067 USA (b) you may contact Q-Insights at the address in subsection (a) immediately above with complaints or to request additional information about the Service. Also, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted https://www.dca.ca.gov/about_us/contactus.shtml.
14. Copyright Infringement:
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send Service Provider a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Notification of claimed infringement can be reached as follows: Q-Insights Compliance Team (c/o Impulse Circle BMW Community), 1900 Ave of the Star, 16th Floor, Los Angeles, CA 90067 USA; Phone: (800) 591-6538; Attn: Copyright Agent.
15. Prize Promotions:
If Service Provider offers a sweepstakes, skill-based contest, or similar promotion to Members (each, a “Promotion”), the terms and conditions of this Section 15 (in addition to the other sections of these Rules of Participation) will apply unless another set of official rules is made available in connection with a specific Promotion. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
15.2 Eligibility. To be eligible, at the time of the Solicitation, you must: (i) be a legal resident of and residing in the United States; (ii) or be a Member of the United States Military Service; and (iii) meet any additional eligibility requirements in the Solicitation. Employees of Service Provider, its parent, divisions, affiliates, subsidiaries, advertising agencies or promotional partners associated with the Promotion and family members living in the same household of such employees are not eligible to enter or win a prize.
15.3 Prizes. A potential winner may be required to respond to requests sent to him/her by Service Provider regarding a Promotion, including, without limitation, tax forms, an affidavit of eligibility and liability/publicity releases (unless prohibited by law), both of which may require the provision of a Social Security number. If any prize, prize notification, entry or any other Promotion-related communication is rejected, faulty or returned as undeliverable or if a winner cannot be reached after a reasonable attempt has been made by Service Provider, that winner may be disqualified and an alternate winner may be selected. Service Provider reserves the right to distribute awards to Members from time to time without prior notice or sending a Solicitation. Any difference between the actual value of the prize and the approximate retail value stated in the Promotion Documents will not be awarded. If legitimately claimed, the prize will be awarded. All taxes (federal, state and local) and other expenses not specified as part of a prize are the sole responsibility of the winner. No transfers, prize substitutions or cash redemptions will be made except at Service Provider’ sole discretion. Service Provider reserves the right to substitute a prize with another prize of equal or greater value for any reason. WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Service Provider is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in participant’s e-mail account to receive e-mail messages.
15.4 Miscellaneous. By participating in a Promotion (except where prohibited by law), participants consent to the use of their names, likenesses, voices and data, in advertising, promotion and marketing materials throughout the world by Service Provider, without additional compensation or approval. All participants, as a condition of entry, agree to be bound by these Rules of Participation and the decisions of Service Provider. If a Promotion is not capable of running as planned for any reason, Service Provider reserves the right to cancel, modify or suspend a Promotion at any time in its sole and absolute discretion. Any participant who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of the Promotion Documents will forfeit any prize won. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the authorized Member account holder at the time of entry, but only if that person meets all other eligibility criteria as determined by Service Provider. If a dispute cannot be resolved to Service Provider’s satisfaction, the entry will be deemed ineligible. Furthermore, each participant understands and acknowledges that participating sponsoring entities have wide access to ideas, stories, designs and other literary materials. Each participant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her material and/or each other in theme, idea, plot, format or other respects. Each participant acknowledges and agrees that he or she will not be entitled to any compensation as a result of sponsoring entities’ use of any such similar or identical material that has or may come to the sponsoring entities from other sources. Each participant acknowledges and agrees that the sponsoring entities do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of the participant’s copyright in and to his/her material. Each participant acknowledges that, with respect to any claim by participant relating to or arising out of sponsoring entities’ or their agents’, assigns’ or licensees’ actual or alleged exploitation or use of any material, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek or obtain injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
16. Information about rewards
You can receive opportunities to participate in surveys, discussions and occasionally also in raffles.
For this purpose, we may ask that you provide us with your e-mail address and phone number. The processing of this personal data is required for the participation as well as for the fulfillment of a contract.
That means that the processing of this data is necessary to provide you with your incentive and with the prize in case you win. The data may also be needed for organizing a raffle in general. The data collected from you in connection with the incentives or the raffle is always separated from your survey data and is stored and processed exclusively for the organization and administration of the incentive allocation or the raffle.
The vouchers may be processed through a third party service provider and maintained under industry accepted standards of data privacy protection.
17. DISCLAIMER OF WARRANTIES:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SERVICE PROVIDER AND ANY RESPECTIVE SUPPLIERS (INCLUDING CONTENT SUPPLIERS) PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE SERVICE, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SERVICE PROVIDER AND ANY RESPECTIVE SUPPLIERS (INCLUDING CONTENT SUPPLIERS) MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
18. LIMITATION OF LIABILITY:
19. Independent Review:
Statements, notices and other communications to you may be made by mail, email, postings within your Account or on the Service, or other reasonable means. You will be solely responsible for keeping your e-mail updated on your Account. Service Provider will not be responsible for any undelivered notices caused by your failure to update such information.
21. Choice of Law; Venue; Trial by Jury:
Please contact the project manager of the Impulse Circle Community at