October 5, 2013

SOCIAL MEDIA SUBMISSION TERMS OF USE

These Social Media Submission Terms of Use (“Terms of
Use”) govern your submission and your provision of access and use of certain
content to Silvercar, Inc. by responding with the #Yes hashtag. The content you
grant Silvercar, Inc. the right to use with the #Yes hashtag includes any and
all photographs, text, graphics, videos, sound, illustrations, characteristics
of your Identity (“Identity” defined further below), or any other materials
(including any associated metadata or location information) (collectively,
“Content”). By responding with the #Yes hashtag, you accept and agree
to be bound by these Terms of Use.

Silvercar reserves the right to revise or update these
Terms of Use from time to time without notice. You should review these Terms of
Use periodically.

Copyright License: With respect
to any Content you consent to submit with the #Yes hashtag, you grant to
Silvercar, Inc. and each of its affiliates and subsidiaries, the successors of
each of the foregoing, and each of their respective agents, licensees, and
assigns (collectively, “Silvercar”) a perpetual, irrevocable, royalty-free, worldwide,
non-exclusive, sublicenseable and transferable right and license to use, copy,
reproduce, publicly display, distribute and/or sell copies of, modify, delete
in its entirety, create derivative works of, and/or incorporate such Content,
in any media, whether now existing or later developed. Silvercar shall own the
copyright in any derivative works created from the Content by Silvercar
pursuant to these Terms of Use.

Grant of Rights
To Use Name & Likeness
: You hereby irrevocably grant permission to Silvercar
in perpetuity a worldwide, non-exclusive, royalty-free license to reproduce,
display, exhibit, publish, broadcast, distribute, and otherwise use, and permit
others to use, your photograph, image, name, nickname, initials, likeness,
voice, statements, biographical material, social media usernames, and
attributes of your personality and appearance (collectively, your “Identity”)
in connection with the Content as otherwise permitted herein, whether alone or
with other materials, in any and all manner and media now known or hereafter
devised, including without limitation on websites owned by or affiliated with Silvercar,
in social media channels, on third-party websites, and in public relations
materials.

No Use
Obligations; No Further Approval or Consideration Needed
: You
acknowledge that Silvercar has no obligation to use the Content. You agree no
further approval or notice is required for Silvercar to use the Content, that
you do not have the right to edit Silvercar’s use of the Content, and that Silvercar
will not be liable to you for any distortion or illusionary effect resulting
from exhibition, publication, or broadcast of the Content. You acknowledge
Silvercar has the unlimited right throughout the world to edit, modify, and
otherwise use the Content as contemplated hereunder. You acknowledge and agree
that no further payment or consideration will be due to you for Silvercar’s use
of the Content as authorized by these Terms of Use.

Moral Rights:
You forever waive any moral rights or other rights with respect to attribution
of authorship or integrity of materials regarding the Content that you may have
under any applicable law.

Representations & Warranties:

For all
Content you consent to submit with the #YES hashtag, you represent and warrant
that:

(a) you
are at least the age of majority in the jurisdiction where you live;

(b) you
have all rights necessary for you to grant the permissions to Silvercar
contained herein,  including, without
limitation, rights in any motion pictures, musical compositions, and/or sound recordings
embodied or embedded in the Content;

© you
are the sole author of and owner of the intellectual property rights in the
Content;

(d) all
individuals appearing in the Content have given their consent to Silvercar’s
use of the

Content,
including the use of their image or likeness, for any lawful purpose;

(e) the
Content, and Silvercar’s use of the Content, does not infringe any third
party’s

copyright,
patent, trademark, trade secret or other proprietary rights or rights of
publicity

or
privacy, or otherwise violate the rights of any third party;

(f) the
Content does not contain personally identifiable information of any person
other than

yourself
(including any Silvercar representative), including first and last name,
username

containing
first and last name, email address, physical address, or phone number;

(g) the
Content does not contain any confidential information;

(h) the
Content is not false, inaccurate or misleading;

(i) the
Content, and Silvercar’s use of the Content, does not violate any law, statute,

ordinance
or regulation;

(j) the
Content, and Silvercar’s use of the Content, is not, and may not reasonably be

considered
to be, obscene, abusive, threatening, indecent, defamatory, libelous, hateful,

racially
or religiously biased or otherwise offensive;

(k) the
Content does not contain advertisements, “SPAM” or references to
other services,

products,
offers or websites; and

(l) the
Content does not contain any computer viruses, worms or other potentially

damaging
computer programs or files.

Release & Discharge: You
release, discharge, and waive all claims, demands, losses, and liabilities of
any nature against Silvercar, including, but not limited to, claims in the
nature of copyright infringement, defamation, disparagement, slander, false
light, violation of the right of privacy or publicity, or the like, arising out
of or relating to the Content and Silvercar’s use of the Content.

Indemnification: You agree to indemnify
and hold Silvercar harmless from and against any and claims, demands, causes of
action, and damages, including attorney’s fees, arising from, growing out of,
or concerning Silvercar’s use of the Content. Silvercar reserves the right, at
its expense, to assume exclusive defense of any third party claim and all
negotiations for settlement and you agree to cooperate with Silvercar in the
defense of any such claim, at Silvercar’s request.

 

Governing Law:
You agree that these Terms of Use, and any dispute arising from, out of, or
relating to these Terms of Use or your submission of the Content by replying
with the #YES hashtag will be governed by the laws of the State of Texas,
without regard to its conflict-of-laws rules.

Governing
Tribunal
: Any dispute, controversy or claim arising out of, relating to
or in connection with these Terms of Use, shall be finally resolved by
arbitration. The tribunal shall have the power to rule on any challenge to its
own jurisdiction or to the validity or enforceability of any portion of Terms
of Use to arbitrate. You agree to bring an arbitration solely on an individual
basis, and that these Terms of Use do not permit class arbitration or any
claims brought as a plaintiff or class member in any class or representative
arbitration proceeding. The arbitral tribunal may not consolidate more than one
person’s claims, and may not otherwise preside over any form of a
representative or class proceeding. In the event the prohibition on class
arbitration is deemed invalid or unenforceable, then the remaining portions of these
Terms of Use, including your agreement to resolve disputes through arbitration,
will remain in force.

Warranty Disclaimers: SILVERCAR MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT
TO ANY CONTENT SUBMITTED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OR CONDITIONS
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT.

SILVERCAR DOES
NOT REPRESENT OR WARRANT THAT THE CONTENT

SUBMITTED
IS ACCURATE, COMPLETE, OR CURRENT. YOUR SUBMISSION OF CONTENT BY REPLYING WITH
THE #YES HASHTAG IS SOLELY AT YOUR OWN RISK.

Notice of Infringement: If you
believe that Silvercar’s use of any materials violate your intellectual
property rights or those of others, please contact Silvercar at
[email protected] Please include: (1) an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright or
other proprietary interest; (2) a description of the copyrighted work or other
protected material that you claim has been infringed upon; (3) a description of
where the material is located; (4) your name, address, telephone number and
e-mail address; (5) your signed statement that you have a good faith belief
that the disputed use is not authorized by the copyright or other interest
owner, its agent or the law; and (6) your statement, made under penalty of
perjury, that the information in your notice is accurate and that you are the
copyright or other interest owner or are authorized to act on the owner’s
behalf.

If you have questions about these Terms of Use, please
contact Silvercar via e-mail at [email protected].