Eligibility for Site Registration and Account Security
Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another [member or subscriber] at any time. You agree to notify AWT immediately if you suspect any unauthorized use of, or access to, your account or password.
This Agreement remains in full force and effect while you use the AWT Services. You may terminate your [account/subscription] on the Site at any time, for any reason, by emailing email@example.com, Subject: Terminate My Account. AWT may terminate your account and/or access to the AWT Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the AWT Services is terminated, this Agreement will remain in effect. You agree that your account is non – transferable and any rights to your account terminate upon your death.
Purchasing Site Services or Products
AWT makes no warranty and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. AWT provides no refunds for purchases you make on the Site. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, AWT will in no way be responsible or liable to you for any such breach.
AWT will not store any record of Personal Financial Information related to purchases or other transactions you make through the AWT Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
The AWT Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of AWT (“AWT Content”). AWT Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and AWT, AWT owns and retains all rights in the AWT Content and the AWT Services. AWT hereby grants you a limited, revocable, non sublicensable license to access and display the AWT Content (excluding any software code) solely for your personal, non – commercial use in connection with viewing the Site and using the AWT Services. The AWT Services may also contain Content of users and other AWT licensors. Except as provided in this Agreement or as explicitly allowed on the AWT Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the AWT Services.
Except as explicitly and expressly permitted by AWT, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on – line postcards, montages, mash – ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the AWT Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web – based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo – filtering mechanisms. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from AWT. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting AWT in writing at: Legal Department, AWT Adventures LLC, Phone: 602.282.3802 Email: firstname.lastname@example.org Address: AWT 3317 E. Bell Rd. #101-415 Phoenix, Az 85032.
Your Use of AWT Services
The AWT Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from AWT. AWT reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the AWT Services (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the AWT Services. You understand that AWT does not control the User Content posted by users via the AWT Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. AWT assumes no responsibility or liability for this type of Content. If you become aware of misuse of the AWT Services, please report this immediately to AWT by emailing,email@example.com, Subject: Misuse of AWT Services. AWT assumes no responsibility for monitoring the AWT Services for inappropriate Content or conduct. If at any time, AWT chooses in its sole discretion to monitor the AWT Services, AWT nonetheless assumes no responsibility for Content other than AWT Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the AWT Services to:
– Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
– Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
– Harass or harm another person;
– Exploit or endanger a minor;
– Impersonate or attempt to impersonate any person or entity;
– Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the AWT Services, including AWT’ servers, networks or accounts;
– Cover, remove, disable, block or obscure advertisements or other portions of the AWT Services;
– Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the AWT Services, or to circumvent or modify any security technology or software that is part of the AWT Services;
– Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the AWT Services. If you do so, you acknowledge you will have caused substantial harm to AWT, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay AWT $50 for each actual or intended recipient of such communication;
– Solicit, collect or request any personal information for commercial or unlawful purposes;
– Post, upload or otherwise transmit an image or video of another person without that person’s consent;
– Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without AWT’ prior written consent;
– Use the AWT Services to advertise or promote competing services;
– Use the AWT Services in a manner inconsistent with any and all Applicable Law;
– Attempt, facilitate or encourage others to do any of the foregoing.
AWT reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by AWT in its sole discretion. You acknowledge AWT reserves the right to investigate and take appropriate legal action against anyone who, in AWT’s’ sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that AWT may access, preserve or disclose information you provide to the Site, including User Content, when AWT has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of AWT, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the AWT Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
Message Boards and Public Forums
The Site offers users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and AWT cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. AWT is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. AWT reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
Your Proprietary Rights
AWT does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the AWT Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by AWT or any Affiliated Company. By posting any User Content on, through or in connection with the AWT Services, you hereby grant to AWT and our Affiliated Companies, licensees and authorized users, a perpetual, non – exclusive, fully – paid and royalty – free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the AWT Services or in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. AWT use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. AWT reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the AWT Services.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the AWT Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the AWT Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the AWT Services or Third Party Services.
Copyrights and Other Intellectual Property
AWT respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. AWT has a policy of terminating repeat infringers’ access to the AWT Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Site infringes your copyright, please send AWT Copyright Agent 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 AWT Services (such as the URL(s) of the claimed infringing material); (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 that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. AWT Copyright Agent for notification of claimed infringement can be reached as follows: Legal Department, AWT Adventures LLC, Phone: 602.282.3802 Email: firstname.lastname@example.org Address: AWT 18026 N.Cave Creek Rd. #4 Phoenix, AZ 85032.
Third Party Links and Services
You are solely responsible for your interactions with other AWT users, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the AWT Services. AWT reserves the right, but has no obligation, to become involved in any way with these disputes.
The AWT Services are provided “AS – IS” and “as available” and AWT does not guarantee or promise any specific results from use of the AWT Services. AWT expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non – infringement. In particular, AWT makes no warranty that your use of the AWT Services will be uninterrupted, timely, secure or error – free or that any information obtained by you on, through or in connection with the AWT Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will AWT be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the AWT Services, problems or technical malfunction in connection with use of the AWT Services, attendance at a AWT event, any material downloaded or otherwise obtained in connection with the AWT Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the AWT Services, or the conduct of any users of the AWT Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of AWT.
Limitation on Liability
IN NO EVENT WILL AWTBE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE AWT SERVICES, EVEN IF AWT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AWT LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AWT FOR THE AWT SERVICES DURING THE TERM OF YOUR USE OF THE AWT SERVICES.
U.S. Export Controls
Software available in connection with the AWT Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the AWT Services or otherwise exported or re – exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
This Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You and AWT agree to submit to the exclusive jurisdiction of the courts located in East Stroudsburg, Pennsylvania to resolve any dispute arising out of this Agreement or the AWT Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS – CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold AWT, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or the AWT Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the AWT Services.
AWT does not knowingly accept, via the AWT Services or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. AWT policy is to simply delete any such submission without reading it or forwarding it to other AWT staff or staff of its Affiliated Companies. Therefore, any similarity between an unsolicited submission and any elements in any AWT or Affiliated Company creative work including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to AWT via the AWT Services (including but not limited to any public forum), however, such submissions and copyright become the property of AWT and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as AWT sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against AWT or Affiliated Company relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
AWT may, from time to time, post AWT employment opportunities on the AWT Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to AWT in response to employment listings, you are authorizing AWT to utilize this information for all lawful and legitimate hiring and employment purposes. AWT also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the AWT Services will constitute a promise by AWT to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the AWT Services constitute a promise that AWT will review any or all of the information submitted to it by users of the AWT Services.
The failure of AWT to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. AWT, the AWT logo and affiliate AWT logos are trademarks of AWT LLC., and all other trademarks, service marks and trade names used in the Site are the property of their respective owners, and all of the above and below trademarks may not be copied, downloaded or otherwise exploited without the prior written permission of AWT or the owner of such trademark, service mark or trade name, except as explicitly permitted in this Agreement.