Terms of Service
ACCEPTANCE OF TERMS
USE OF THE SITE
§ Acceptable Use Policy. You are solely responsible for any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information you submit to A&E through the Site. You may only submit to the Site content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. Violation of these restrictions may result termination of your access to this Site. In addition, You agree to not use the Site to:
§ upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
§ harm minors in any way.
§ impersonate any person or entity, including, but not limited to, an A&E official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
§ upload, post or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or in violation of nondisclosure agreements).
§ upload, post or otherwise transmit any content that violates any law or violates the personal, proprietary, or intellectual property rights or other rights of any third party.
§ upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
§ upload, post or otherwise transmit any material that contains software viruses, worms, spyware, or any other computer code, files or programs designed to monitor, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
§ interfere with or disrupt the Site or servers or networks connected to the Site, or violate any requirements, procedures, policies or regulations of networks connected to the Site.
§ “stalk” or otherwise harass another.
§ collect or store personal data about other users.
§ promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “crush” sites.
§ use your project hosting site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Site.
You also agree to not use the Site to engage in commercial activities without enrolling in A&E-approved affiliate programs. This includes, but is not limited to, the following activities:
§ offering for sale any products or services.
§ soliciting for advertisers or sponsors.
§ conducting raffles or contests.
§ displaying a sponsorship banner of any kind.
§ displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites.
§ Use of Materials and Services. Except as otherwise indicated elsewhere on this Site, you may view, download, and print the Materials available on this Site, and utilize the Services, subject to the following conditions:
§ The Materials may be used solely for personal, informational, and internal purposes.
§ Except as expressly permitted, the Materials may not be modified or altered in any way.
§ Except as expressly permitted, no portion of the Materials may be reproduced in any form or by any means without the prior written permission of A&E.
§ Except as expressly permitted, the Materials may not be distributed, electronically or otherwise. Members may distribute Materials to Member’s employees, and only to Member’s employees, so long as all copyright, trademark, and other proprietary rights notices are included on those copies.
§ Except as expressly permitted, you may not store or aggregate any Materials.
§ You may not remove any copyright, trademark or other proprietary notices contained in Materials.
§ A&E reserves the right to revoke the authorization to view, download, and print Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from A&E.
§ The rights granted to you constitute a limited license and not a transfer of title or of any other right or interest in the Services or Materials.
§ You will not be able to download or install any software and accompanying documentation (together, the “Software”) that is accompanied by or includes an end-user license agreement unless you agree to and consent to be bound by the terms of such end-user license agreement. If you do not agree to and consent to be bound by such terms, do not download or use the Software.
§ The rights specified above to view, download, and print the Materials available on this Site are not a right to copy the design, layout, or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent log in, password, and other protections A&E puts in place to restrict access to certain parts of the Site.
REGISTRATION AND MEMBER INFORMATION
§ Use and Protection of Username and Password. You are responsible for maintaining the confidentiality of your Username and password. Strong passwords are encouraged. A strong password is one with upper and lower case letters and numbers. You are responsible for all uses of your account, whether or not authorized by you. If there is a breach of the confidentiality of a password or Username, or any breach of security through Member’s account, then Member shall notify A&E immediately using the support page.
RELIABILITY OF MATERIALS AND SERVICES
Member understands and acknowledges that A&E does not control the posting or content of Materials, nor will it verify the timeliness or content of Materials. A&E expressly disclaims any responsibility or liability for any third-party Materials or Services, or any third-party information or services available through a link from the Site. A&E may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for Member Content. A&E shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service.
§ Member Obligations and Warranties. Certain Services offered on the Site accommodate or require submission or placement of information, materials, or documents by Members (“Member Content”). By submitting Member Content, you incur the following obligations and make the following warranties to A&E:
§ Member shall obtain all licenses to, or releases of intellectual or proprietary rights in or to the Member Content before delivery to the Site.
§ Member warrants that Member Content will not contain viruses or other contaminating or destructive features, nor violate the Acceptable Use Policy set forth herein.
§ License for Member Content. By submitting Member Content to the Site, you grant A&E the following licenses:
§ For Member Content including, but not limited to, documents, files, images or other material stored on the Site, you hereby grant A&E a worldwide, royalty-free, non-exclusive license to reproduce and modify, for purposes of formatting, maintenance, or Site administration only, such Member Content. This license will remain in effect until such Member Content is removed from the Site.
§ For Member Content such as comments to the A&E user forums, bug reports, piracy reports, or product suggestions, you grant A&E an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such Member Content, and you also agree that A&E is free to use any ideas, concepts, know-how, or techniques that you submit to the Site for any purpose other than storage in the project workspace area. By virtue of these licenses, A&E only obtains the rights set out in the license grants and does not obtain any additional right, title, or interest to any copyright, patent, trademark, or other intellectual property right in or to the Member Content. Except to the extent your name or identity is disclosed by or through the configuration of your Internet browser or e-mail software or other systems used during any submissions to or participation in user groups, user forums, chat rooms, or similar services, A&E will not release your name or otherwise publicize the fact that you submitted Member Content to the Site unless: (a) you grant A&E permission to do so; (b) the Member Content itself discloses your name or identity; (c) A&E first notifies you that the Member Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (d) the Member Content you submit has become the subject of a claim that, if true, would constitute a breach of your warranties set for herein; or (e) A&E is required to do so by law.
§ Use of Member Content. By using the Site, you acknowledge that: (i) A&E does not screen Member Content and does not guarantee the accuracy, integrity, or quality of Member Content; (ii) you will evaluate, and bear all risks associated with the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content; (iii) you may be exposed to content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will A&E be liable in any way for any Member Content, including, but not limited to, any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content.
§ Protection of Member Content. A&E uses commercially reasonable standards and practices to backup Member Content. Notwithstanding the foregoing, A&E makes no warranties or representations regarding its backup practices, and does not warrant that it will be able to restore lost data. A&E recommends that Members perform regular backups and take other appropriate measures to copy and protect their own data that may be lost in the event of a catastrophe.
§ Right to Remove or Disable Access. If A&E is made aware of Member Content that may be (i) libelous, obscene, violent, scandalous, defamatory, or that A&E determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the Acceptable Use Policy set forth herein, A&E has the right, but not the obligation, to remove or disable access to that Member Content.
§ Confidentiality and Ownership. A&E understands that Member Content placed in an area of the Site subject to password protection may contain information that a Member regards as confidential and proprietary. Although A&E may have access to those areas for Site administration purposes, A&E regards such information as the confidential information of Member. A&E agrees that it shall treat all Member Content in such areas with the same degree of care as it accords to its own confidential information of a similar nature, but in no event less than reasonable care. Any and all confidential information placed by Member in an area of the Site subject to password protection shall remain the property of Member or its licensors, and A&E does not acquire any ownership interest in Member Content or any patent, copyright, trademark or other intellectual property right by the presence of Member Content on the Site.
WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
TERM AND TERMINATION
At A&E’s option and request, Member shall, at its own expense, indemnify, defend, and hold A&E and its parent, subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between Member and any third party, (b) based on or caused by unauthorized access to the Site through Member’s account, (c) based on facts or alleged facts that would constitute a breach of any of Member’s representations, warranties, or covenants under this Agreement, or (d) arising out of a request for A&E to remove or disable access to any Member Content in or on the Site. Member shall not enter into a settlement of the foregoing without A&E’s prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior written approval from A&E.
§ Waiver. A&E’s delay or failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
§ Force Majeure. A&E will not be liable in any amount for failure to perform any obligation under this Agreement if such failure results from a cause beyond the control of A&E including, without limitation, outages of the Internet, delays due to Internet traffic, or connections thereto, communications or electrical outages, earthquake, fire, flood, war, or act of God; or any acts of terrorism or any acts of governmental bodies or authorities.
Governing Law, Jurisdiction and Venue. This Site (excluding linked sites) is controlled by A&E from its offices within the State of Arizona, United States of America. By accessing this Site, you and A&E agree that the statutes and laws of the State of Arizona, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. You and A&E specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (“UCITA”) or any state implementation of the UCITA, the application of which is expressly excluded. No choice of law rules of any jurisdiction apply. You and A&E agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the counties of Maricopa, or Phoenix, Arizona. A&E makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that any Materials will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. Notice to U.S. Government End Users. Any software made available from this Site is a “Commercial Item” as that term is defined at 48 C.F.R. §12.101 or 48 C.F.R. §227.7202 or any amendments or updates thereto, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4 or any amendments or updates thereto, as applicable, such software is being made available to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States. A&E Reprographic Technologies, Inc., 1850 North Central Avenue, Suite 1500, Phoenix, Arizona 85004.
LINKS TO OTHER INTERNET WEB SITES
This Site contains links to third-party Web sites that are not under the control of A&E. A&E makes no representations whatsoever about any other Web site to which you may have access through this Site, including the Web sites of A&E Associates. When you access a non-A&E Web site, you do so at your own risk and A&E is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. A&E provides these links merely as a convenience and the inclusion of such links does not imply that A&E endorses or accepts any responsibility for the content or uses of such Web sites.