Speedpass+™ App: terms and conditions and legal notices
Agreement Date and Version:
DATE OF LAST REVISION: August 3 2016
AGREEMENT VERSION NO.: 2.3
A copy of this agreement is available at: https://www.esso.ca/en/speedpassplus-terms-conditions
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
Nothing in this material is intended to override the corporate separateness of local entities. Working relationships discussed in this material do not necessarily represent a reporting connection, but may reflect a functional guidance, stewardship, or service relationship. Where shareholder consideration of a local entity matter is contemplated by this material, responsibility for action remains with the local entity.
Exxon Mobil Corporation has numerous affiliates, many with names that include ExxonMobil, Exxon, Esso, Imperial Oil, Imperial Oil Limited and Mobil. For convenience and simplicity in this material, those terms and terms like corporation, company, our, we and its are sometimes used as abbreviated references to specific affiliates or affiliate groups. Abbreviated references describing global or regional operational organizations and global or regional business lines are also sometimes used for convenience and simplicity. Similarly, ExxonMobil has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like venture, joint venture, partnership, co-venture, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. BY USING THE Speedpass+ App, YOU EXPRESSLY AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE Speedpass+ App. BY USING THE Speedpass+ App, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:
1. I Understand that ExxonMobil May Change this Agreement.
ExxonMobil reserves the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without any further notice to you. It is your responsibility to regularly check for changes to this Agreement and to review such changes. Any new features or updated content or applications that we make available as a part of the Speedpass+ App will be subject to this agreement. Accordingly, you understand that we may update this Agreement from time to time without giving you any notice. If we do this, we will post the new, modified version of this Agreement to www.speedpassplus.com/terms. Your continued access or use of the Speedpass+ App after any such changes constitutes your acceptance of the new Agreement. Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of ExxonMobil shall be construed as an inference to the contrary. In some cases, however, you may be asked to agree to revised terms when accessing the Speedpass+ App and if you do not agree to the revised terms you will not be allowed to use the Speedpass+ App.
2. I Understand that this Agreement is Effective Until Terminated.
This Agreement is effective until terminated. You may terminate this Agreement for any reason by uninstalling the Speedpass+ App. Your rights under this Agreement will terminate automatically without notice from ExxonMobil, if you fail to comply with any of the terms, conditions, or guidelines of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Speedpass+ App. In the event that your rights to use the Speedpass+ App are terminated, you may immediately lose access to any information that may be on ExxonMobil’s systems. We can terminate your access to the Speedpass+ App at any time. We may also remove any User Content (as defined below) that you post without cause and without notice to you.
3. I Understand that ExxonMobil May Change the Speedpass+ App.
The Speedpass+ App currently is made available to you free of charge only for personal, non-commercial, non-exclusive use. ExxonMobil reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the Speedpass+ App without compensation to you, including, but not limited to (i) restricting the time all or any part of the Speedpass+ App is available, (ii) restricting the amount of permitted use of all or any part of the Speedpass+ App, and (iii) restricting or terminating any user’s right to use all or any part of the Speedpass+ App, with or without notice; (b) charge fees in connection with the use all or any part of the Speedpass+ App; (c) charge fees for upgrades to the Speedpass+ App; (d) modify or waive any fees charged in connection with all or any part of the Speedpass+ App; or (e) offer opportunities to some or all users of all or any part of the Speedpass+ App. You agree that neither ExxonMobil nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Speedpass+ App, in whole or in part, or of any service, content, or feature offered through the Speedpass+ App.
4. I Understand that the Speedpass+ App Belongs to ExxonMobil.
The Speedpass+ App (including, without limitation, any material, software, code, files, content, and images contained in or generated by the Speedpass+ App, accompanying data, and other embedded software, including third-party software (collectively, “ExxonMobil Content”)), Speedpass+ App updates and upgrades, and documentation and accompanying fonts (collectively, “ExxonMobil Documentation”) — whether in read-only memory, on any other media, or in any other form — are owned by ExxonMobil or its licensors and are protected by applicable law, including copyright, trademark, patent, and/or trade-secret law. Neither title nor any intellectual property rights are transferred to you, but rather remain with ExxonMobil, or the relevant third party, which owns full and complete title to the Speedpass+ App, ExxonMobil Content, Speedpass+ App updates and upgrades, and ExxonMobil Documentation. ExxonMobil reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted herein are non-transferable and do not include any intellectual property rights.
In addition, ESSO, EXXON, EXXONMOBIL, MOBIL, SPEEDPASS, and certain other brands, trademarks, and services marks (collectively, “ ExxonMobil Marks”) are marks of ExxonMobil and its affiliates. Not all marks of ExxonMobil will appear on the Speedpass+ App. Marks of third parties may appear on the Speedpass+ App when referring to those entities or their products or services. Third party marks displayed on the Speedpass+ App are owned by their respective owners.
ExxonMobil Content also is protected by copyright. No ExxonMobil Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, or distributed except as expressly permitted by this Agreement. Use of ExxonMobil Content in any other way or for any purpose other than as permitted in this Agreement is a violation of ExxonMobil’s copyrights and other proprietary rights. Permission for all other uses of ExxonMobil Content must be obtained from ExxonMobil in advance and in writing. All content, interfaces, graphics, code, design rights, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of ExxonMobil.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE Speedpass+ App, EXXONMOBIL CONTENT, EXXONMOBIL DOCUMENTATION, EXXONMOBIL MARKS, OR ANY OTHER EXXONMOBIL PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT. ExxonMobil takes the protection of intellectual property rights, including copyrights, very seriously. ExxonMobil will terminate your access to, or use of, all or any part of the Speedpass+ App, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of ExxonMobil or others. FURTHER, EXXONMOBIL RESERVES ALL OTHER RIGHTS WITH RESPECT TO ITS INTELLECTUAL PROPERTY.
5. I Understand that I have Only a Limited Right to Use the Speedpass+ App as Provided in this Agreement.
Solely to enable your use of the Speedpass+ App for personal, non-commercial, non-exclusive purposes, subject to third-party terms (as described below) ExxonMobil hereby grants you a limited, revocable, non-sub-licensable license to use the Speedpass+ App as provided in this Agreement and to view and display ExxonMobil Content (other than ExxonMobil’s software source code), ExxonMobil Documentation, and User Content (as defined below) for your personal use, but only in connection with your use of the Speedpass+ App. This license entitles you to install the Speedpass+ App on your personal mobile device and to use the Speedpass+ App subject to this Agreement; however, you may not make the Speedpass+ App available over a network where it could be used on multiple devices at the same time. Further, this Agreement does not grant you any rights to use ExxonMobil’s proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Speedpass+ App. Any use of the Speedpass+ App in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Speedpass+ App or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Speedpass+ App is prohibited. In addition, this Agreement does not entitle you to receive, and does not obligate ExxonMobil to provide, ExxonMobil Documentation, support, telephone assistance, or enhancements or updates to the Speedpass+ App.
Except for this limited, personal-use license, when you use the Speedpass+ App you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of ExxonMobil. Therefore, except as provided above, you may not copy, alter, modify, publish, broadcast, transmit, perform, distribute, display, use, create derivative works of, or sell the Speedpass+ App, ExxonMobil Content, User Content, or ExxonMobil Documentation.
6. I Understand that ExxonMobil May Collect Certain Information About Me When I Use the Speedpass+ App.
While using the Speedpass+ App, ExxonMobil may locate or record information including, but not limited to, your geographic location and exact positioning, your MAC address, the operating system of your device, the type of device you use, your device’s unique ID, the IP address of your device, the type of mobile Internet browsers you use, session start and stop times, your time zone, your network status, your International Mobile Equipment Identity, information about the way you use the Speedpass+ App, and any other information tied directly or indirectly to your device (“ Device Information”). Your use of the Speedpass+ App constitutes your consent to allow ExxonMobil to record and use your Device Information.
7. I Understand that My Credit Cards May Be Linked to My Speedpass+ App Account.
When creating your user account for the Speedpass+ App, you will be given an opportunity to input information for one or more of your credit cards, check cards, or debit cards into the Speedpass+ App. You may select to link one or more of these stored credit cards, check cards, or debit cards to your Speedpass+ App user account. Upon making this selection, transactions made using the Speedpass+ App at participating ExxonMobil and Mobil service stations will be charged to your designated credit card or debited from your bank account tied to your check card, as applicable. Activation of this feature on the Speedpass+ App constitutes your authorization of all purchases made from your mobile device using the Speedpass+ App.
The Speedpass+ App will not accept all credit cards. In addition, ExxonMobil reserves the right to change, from time to time, the credit cards which may be linked to your account through the Speedpass+ App. ExxonMobil further reserves the right to disable any credit cards already linked to your account, at any time and for any reason.
8. I Will Not Use the Speedpass+ App Unless I Agree to, and Follow, Each of These Rules:
A. User Accounts:
In order to use certain features of the Speedpass+ App, you are required to register by providing ExxonMobil with certain User Content, as requested by ExxonMobil, including your user name, email address, and a password you will use to access the Speedpass+ App. ExxonMobil reserves the right to refuse registration or cancel a user name or an account, in its sole discretion. Accordingly, you agree as follows:
1. I am over the age of 13.
2. If I am between the age of 13 and 18, I have obtained the prior approval of my parent or guardian before using the Speedpass+ App.
3. I will create only one account.
4. I will provide accurate, truthful, current, and complete information when creating my account.
5. I will not create an account for anyone other than myself without permission.
6. I will maintain and promptly update my account information when any of my account information changes.
7. I will maintain the security of my account by not sharing my account information with any other person.
8. I will protect the confidentiality of my password.
9. I will not share my password or let anyone else access my account.
10. I will not use another person’s account without permission.
11. I will not solicit account information from other users or access another user’s account.
12. I will not sell, gift, or trade my account to any other person, and such transfer shall be null and void.
13. I will take responsibility for all activities that occur under my account and for all User Content (defined below) (including, for example, photos, text, information, ratings, reviews, and links) posted using my account.
14. I will accept all risks of unauthorized access of my account.
15. I will immediately notify ExxonMobil in writing of any unauthorized use of my account of which I become aware.
16. I will contact my credit card company immediately if any unauthorized payments are made using the Speedpass+ App.
17. I understand that although ExxonMobil will not be liable for my losses caused by any unauthorized use of my account, I may be liable for the losses of ExxonMobil or others due to the unauthorized access and use of my account.
18. I understand and agree that I have no property rights or ownership interests in and to my account, and I understand that all rights to my account belong to ExxonMobil.
19. I understand that ExxonMobil may disable, suspend, or terminate my account at any time In its sole discretion and without any notice to me.
20. I understand that any violation of this Agreement may result in the termination of my ExxonMobil account.
21. If my account is disabled, suspended, or terminated by ExxonMobil, I will not create another one without ExxonMobil’s express permission.
B. Safe Use of the Speedpass+ App:
The safety of all Speedpass+ App users is important. In addition, ExxonMobil believes that all users and visitors benefit from basic rules regarding conduct while using the Speedpass+ App. Widespread use and enjoyment of the Speedpass+ App is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask that you follow a few basic rules of conduct when using the Speedpass+ App. Accordingly, you agree as follows:
1. I will use the Speedpass+ App only for personal, non-commercial purposes.
2. I will exercise caution, good sense, and proper judgment when using the Speedpass+ App.
3. I will not upload or post any nude, partially nude, or sexually suggestive photos or other material using the Speedpass+ App.
4. I will not harass, bully, abuse, threaten, or intimidate any other Speedpass+ App users.
5. I will not use the Speedpass+ App to harm minors in any way or to encourage interactions with minors of a sexual nature.
6. I will not interfere with others’ use of the Speedpass+ App or act in a way that negatively affects others’ enjoyment of the Speedpass+ App.
7. I will not use the Speedpass+ App to send unauthorized or unwanted communications to any other person (i.e., I will not “spam” other people).
8. I will not participate in any action that, in the sole and absolute opinion of ExxonMobil, results or may result in any authorized user of the Speedpass+ App being scammed or defrauded in any way in connection with such user’s use of the Speedpass+ App.
9. I will not use the Speedpass+ App to transmit viruses, worms, bots, Trojans, or other malicious code.
10. I will not do anything that could overburden, disable, or impair the appearance, functionality, or proper working of the Speedpass+ App or any software, hardware, equipment, or materials used in connection with the Speedpass+ App.
11. I will not use or exploit any errors in design, features that have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by ExxonMobil, and I will promptly report to ExxonMobil my discovery of any such errors, features, or bugs.
12. I will not hack the Speedpass+ App, spoof the Speedpass+ App, or modify any other software or website to imply falsely that the other software or website is associated with ExxonMobil or the Speedpass+ App.
13. I will not collect user account information or User Content (as defined below), or otherwise access the Speedpass+ App through an automated means (i.e., through bots, robots, spiders, scrapers, etc.).
14. I will not collect or store personal information about any other individual using the Speedpass+ App, or otherwise stalk, repeatedly contact, or harass other Speedpass+ App users.
15. I will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with ExxonMobil.
16. I will not adopt a false identity using the Speedpass+ App.
17. I will not manipulate the Speedpass+ App so as to hide my identity or my use of the Speedpass+ App.
18. I will not violate any laws (including but not limited to copyright laws) in my use of the Speedpass+ App, and I will not use the Speedpass+ App to do anything unlawful, misleading, discriminatory, or malicious. If I am an international user, I agree to comply with all local laws regarding online conduct and acceptable online content.
19. I will not encourage or facilitate any violations of this Agreement.
We reserve the right (but not the obligation) in our sole discretion to refuse, delete, suspend, or terminate—without notice—your access to or use of the Speedpass+ App upon a violation or attempted violation of this Agreement, including, without limitation, any of the rules listed above. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the Speedpass+ App in any manner.
C. Posting User Content:
The Speedpass+ App may allow you to enter, post, submit, or link to certain content (including, for example, text, data, software, photographs, images, graphics, files, videos, audio, sound, music, messages, materials, works of authorship, etc.) and provide certain comments, ratings, and reviews for others to see (collectively, “User Content”). ExxonMobil does not claim any ownership rights in any User Content that you enter, post, submit, provide, or link to on or through the Speedpass+ App. By entering, posting, submitting, providing, or linking to User Content on or through the Speedpass+ App, however, you grant ExxonMobil and ExxonMobil hereby accepts a worldwide, perpetual, irrevocable, non-exclusive, transferable, sub-licensable, fully paid-up, and royalty-free license to use, sell, reproduce, create derivative works from, combine with other works, alter, modify, delete from, add to, translate, distribute copies, display, perform, and publish the User Content and your name in connection with such use of your User Content in any and all media and in any manner, in whole or in part, without any restriction or responsibilities to you. In addition, by entering, posting, submitting, providing, or linking to User Content, you hereby release ExxonMobil from any claims that such use, as authorized above, violates any rights which you may have under applicable law, and you understand that you will not be entitled to any compensation for any use of your User Content. Further, by entering, posting, submitting, providing, or linking to User Content, you hereby represent, warrant, and agree as follows:
1. I own and control all of the rights to the User Content or otherwise have (a) the legal rights to enter, post, submit, provide, or link to the User Content using the Speedpass+ App and (b) the right to grant ExxonMobil the license specified in this Agreement.
2. The User Content that I enter, post, submit, provide, or link to does not, and will not, result in a breach of contract between me and any other person.
3. I will pay all royalties, fees, and any other monies owing to any person due to any of the User Content that I enter, post, submit, provide, or link to using the Speedpass+ App.
4. None of the User Content is subject to confidentiality obligations.
5. The User Content that I enter, post, submit, provide, or link to does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person.
6. The User Content is truthful, accurate, not misleading, and offered in good faith.
7. I am solely responsible for all of the User Content that I enter, post, submit, provide, link to, or otherwise make available in any way by or through the Speedpass+ App.
8. I will not post another person’s sensitive identification documents, financial information, or other personal data without that person’s permission.
9. I will not enter, post, submit, provide, or link to User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual, or any other grounds, is harmful, vulgar, or distasteful, or is defamatory, libelous, or invades another person’s privacy.
10. I will not use ExxonMobil’s intellectual property (including, for example, ESSO, EXXON, EXXONMOBIL, MOBIL, SPEEDPASS, and certain other brands, trademarks, and services marks that are the property of ExxonMobil) without ExxonMobil’s permission.
11. I understand that ExxonMobil can, in its sole discretion, monitor User Content that I and other users enter, post, submit, provide, or link to using the Speedpass+ App.
12. I understand that ExxonMobil can, without notice and in its sole discretion, remove any User Content that we believe is obscene, offensive, libelous, defamatory, or violates the law or any of the terms and conditions of this Agreement. In addition, I understand that ExxonMobil can, in its sole discretion, remove any User Conduct if we believe that doing so will improve the Speedpass+ App.
13. I understand that ExxonMobil reserves the right to force forfeiture the username of any account that becomes inactive or any username that violates the trademark or other intellectual property rights of any other person.
14. I understand that ExxonMobil can suspend or terminate my use of the Speedpass+ App if I fail to follow the rules in this Agreement.
NOTICE: ExxonMobil has no obligation to respond to any of your User Content. In addition, ExxonMobil is not responsible for any User Content, including, for the truth, completeness, objectivity, or usefulness of such User Content. ExxonMobil does not endorse any User Content, has not verified the identity of persons using the Speedpass+ App, and does not screen, monitor, edit, or review User Content before it becomes accessible on or through the Speedpass+ App. Accordingly, you may be exposed to content from other users that is offensive or objectionable.
D. Mobile Device Data Services:
The Speedpass+ App requires use of the internet to operate correctly, thus the quality and availability of the Speedpass+ App may be affected by factors beyond ExxonMobil’s control. ExxonMobil does not accept responsibility for unavailability of the Speedpass+ App. Further, the terms of your agreement with your respective mobile network provider apply when using the Speedpass+ App. You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the Speedpass+ App. All such charges are your responsibility. Further, you agree that your use of the Speedpass+ App is not contrary to any terms or conditions of coverage extended to you by your respective mobile network provider.
The Speedpass+ App may offer, from time to time, access to various games and loyalty programs provided by ExxonMobil and/or other third parties. ExxonMobil and other third parties (as outlined below), may collect, use, store, transmit, and publicly display statistical data regarding the game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players. Your use of any games or loyalty programs provided by the Speedpass+ App constitutes your acceptance of these terms.
In addition, ExxonMobil may make available (through the Speedpass+ App) links through in-game advertisements or otherwise enable you to access third-party games, apps, sites, or software. Please note that, while using such games, apps, sites, or software, you are using sites or games developed and administered by third parties not affiliated with or controlled by ExxonMobil. ExxonMobil is not responsible for the actions of such third parties, the content of their games, apps or sites, the use of information you provide to them, or any products or services they may offer. The Speedpass+ App’s link to those sites does not constitute ExxonMobil’s sponsorship of, or affiliation with, such third parties. Your use of or correspondence with, or participation in promotions of such third parties and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties.