Blue Mountain Terms of Service Agreement
THE TERMS OF THIS AGREEMENT CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to the terms of this Agreement, please do not use any of the AG Platforms.
By using the AG Platforms, you warrant and represent that (a) you are 18 years of age or older or the age of majority in the jurisdiction where you reside; or (b) that your parent or legal guardian has reviewed this Agreement and agrees to its terms. If you (or your parent or legal guardian) do not agree to the terms of this Agreement, you must immediately uninstall the App and discontinue its use. You further warrant and represent that all information you provide to us when you use the AG Platforms is and will remain complete and accurate.
ownership of materials; licenses
The AG Platforms include all materials that are included in or are otherwise a part of the AG Platforms (including past, present and future versions of the AG Platforms), including, without limitation: graphics; layout; text; instructions; images; trademarks; logos; service marks; audio; videos; designs; ringtones; wallpapers; games; contests and sweepstakes; voting; technology; applications; artwork; information; data; designs; compilation; advertising copy; domain names; any and all copyrightable material (including source and object code); the "look and feel" of the AG Platforms; the compilation, assembly and arrangement of the materials of the AG Platforms; and all other materials related to the AG Platforms (collectively, "Materials"). Subject to your strict compliance with this User Agreement and any Additional Terms, AG hereby grants to you a limited, personal, revocable, noncommercial, nonexclusive, non-assignable, and nontransferable license to access and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device); and, if you use one of our Apps on an App Platform, to use the App as permitted by the Usage Rules set forth in the App Platform's Terms of Service. No other use of the AG Platforms or Materials is authorized.
The products, technology, or processes described or used on the AG Platforms may be the subject of intellectual property rights owned or licensed by AG or other third-parties. Except for the limited license granted above, nothing contained in this Agreement or anywhere else on the AG Platforms confers to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of AG or any third-party. AG reserves all rights not expressly granted by this Agreement. When you use the AG Platforms, you must: (a) keep intact all copyright, trademark and other proprietary notices; (b) make no modifications to the AG Platforms or Materials; and (c) not copy or adapt any object code associated with the AG Platforms, reverse engineer, modify or attempt to discover any source code associated with the AG Platforms (nor allow or assist any third-party to do so).
You agree that you will not sell, resell, copy, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the AG Platforms, that you will not use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the AG Platforms, and that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the AG Platforms. You will use the AG Platforms solely for your own personal use and will not make the AG Platforms available to any third-party for any reason. You further agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute any portion of the AG Platforms (except as may be a result of standard search engine or Internet browser usage).
AG grants you the limited, revocable permission, subject to the restrictions in this Agreement, to engage in the following personal uses of Materials that include the ability to share Materials with others ("Social Distribution"): (a) sending Materials to friends or acquaintances or posting and displaying a copy of Materials on a personal, non-commercial website, provided that you do not charge for access to the Materials or associate those Materials with advertising; or (b) posting and displaying a copy of the Materials on a third-party website that permits users to post content, so long as the posting is allowed pursuant to the third-party website's terms and conditions and policies, and provided that the third-party website does not charge for access to those materials or associate those materials with products, services or advertising. If you engage in Social Distribution, you agree that you will not post any performance claims about an AG product or service through your Social Distribution and that only AG may make claims, promises or statements on behalf of AG about its products and services. You also agree that you will not imply that you and AG or any AG brand are affiliated in any way or that AG approves of your Social Distribution. Except as otherwise permitted by this Agreement or expressly in writing by AG, you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials. AG may, and reserves the right to, revoke AG's permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Materials.
using your own content
AG may allow you to upload your own photos, artwork, text and other materials ("User Content") to the AG Platforms. If we do and you do so, you are subject to the conditions outlined in this Agreement. When you upload User Content to the AG Platforms, you are representing and warranting that you own the User Content or have full rights to its use in accordance with this Agreement. You are also representing and warranting that the User Content you upload does not violate the Acceptable Use Policy as discussed below. As a user of the AG Platforms, you also represent and warrant in relation to the User Content that:
You have obtained the consent of any and all individuals mentioned or pictured in the User Content; Uploading the User Content onto the AG Platforms will not infringe the privacy of any individual or violate any applicable law; and Uploading the User Content onto the AG Platforms and any subsequent publication of such User Content does not infringe the intellectual property rights of any third-party.
The AG Platforms may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload User Content to the AG Platforms, receive messages (e.g., SMS and MMS messages, in-App messages, and on-device notifications) from the AG Platforms, download applications to your mobile phone or device, or access AG Platforms features (collectively, the "Mobile Features"). We may charge you for Mobile Features. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. If you have registered for Mobile Features, you agree to notify us of any changes to your mobile number and update your account(s) on the AG Platforms to reflect any such changes.
In addition to the other restrictions and limitations contained in this Agreement, AG is not responsible for failures in the performance of Mobile Features, including but not limited to, the delivery of electronic messages or cards via the Mobile Features as a result of any technical issues. For example, AG is not responsible if your electronic message or card is not delivered because:
- the recipient declines delivery;
- the recipient uses an unsupported carrier;
- the recipient's mobile device or computer cannot display video messages;
- the recipient's plan does not provide for video messaging;
- the recipient's carrier is unable to deliver messages to the recipient;
- the recipient's network connection is interrupted during message delivery; or
- either your or the recipient's carrier does not support video messaging.
There may be other reasons for a delivery failure as well. AG is unable to provide refunds for electronic messages or cards that are not delivered due to technical issues for which AG is not responsible.
acceptable use policy
AG has adopted the following Acceptable Use Policy in order to ensure that the AG Platforms are used in a lawful and appropriate manner. While AG does not ordinarily monitor your use of the AG Platforms, it reserves the right to investigate reports of misuse of the AG Platforms and its services, to protect AG's property and assets, and to otherwise exercise AG's traditional editorial functions. You are prohibited from transmitting the following to, on, or through the AG Platforms:
- Material or User Content that you do not have the legal right to use, or that otherwise violates another person's intellectual property rights;
- Harassing, abusive, or threatening messages or User Content;
- Obscene or pornographic messages, images, or User Content;
- Defamatory or libelous messages or User Content;
- Viruses or other harmful, disruptive, or destructive files; or
- Illegal or fraudulent messages or User Content, or that which promotes illegal or fraudulent conduct.
You also may not use the AG Platforms to:
- Steal passwords or credit card information, nor attempt to do so;
- Conceal or misrepresent the identity of the sender or uploader, nor attempt to do so;
- Advertise or promote a product or service except those provided on the AG Platforms (e.g., pyramid schemes and multi-level marketing schemes are prohibited);
- Misrepresent yourself or impersonate any other person, user, or company;
- Publicly share or disseminate any other person's personal information (including, without limitation, address, phone number, email address, credit card number, or any other information that may be used to track, contact, or impersonate that individual); or
- Damage the AG Platforms or anyone's computer.
In addition, if you use one of our Apps on an App Platform, you acknowledge and agree that your use of the App is also subject to the App Platform's Usage Rules, and that you must also comply with any and all applicable third-party terms of agreement when using the App.
All of the Materials available on the AG Platforms are subject to copyright or are used by us under license from the copyright holder. AG currently utilizes copyrighted materials from various individuals and entities. Copyright notices for such material are set forth wherever such licensed material appears on the AG Platforms.
digital millennium copyright act notices
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to AG's Designated Agent (identified below). THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted via our online form (at http://www.bluemountain.com/help/dmca) or to the Designated Agent:
c/o Legal Department
AG Interactive, Inc.
One American Road
Cleveland, Ohio 44144
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3)(A), any copyright infringement notification must include all of the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, and a description of the infringing activity including of where the material which you claim is infringing is located on the AG Platforms sufficient to allow us to locate the material;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published, your address, telephone number, and e-mail address;
- 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; and
- A statement by you made and signed under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We may, in appropriate circumstances and at our discretion, disable or terminate the accounts of users who may be repeat infringers.
Counter-Notice: If you believe that User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Ohio, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, AG may send a copy of the counter-notice to the original complaining party informing that person that AG may restore the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, the removed User Content may be restored in 10 to 14 business days or more after receipt of the counter-notice, at AG's sole discretion.
trademarks and other intellectual property
Use of any AG trademarks as meta-tags for search engines, as keywords to trigger sponsored advertising, or in any other manner not expressly authorized by AG, is strictly prohibited. The AG Platforms are neither endorsed, nor sponsored by, nor affiliated with the National Academy of Recording Arts & Sciences, Inc. or Apple Inc. GRAMMY and the gramophone and speaker logo are registered trademarks of the National Academy of Recording Arts & Sciences, Inc., and APPLE, the Apple logo, iTunes, and other Apple trademarks, service marks, graphics, and logos used in connection with the iTunes Service are trademarks or registered trademarks of Apple and/or Apple Inc. in the U.S. and/or other countries. All rights reserved. Certain functionality provided via the AG Platforms may be covered by U.S. Patent 5,930,474. If you believe that any content on a AG Platform violates your exclusive rights other than copyrights, please provide AG at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights that is sufficient for us to evaluate your complaint; and (d) your accurate contact information. Please submit your complaint via our form at: http://www.americangreetings.com/help/help_A.pd?Category=Membership%20Info&SubCat=Contact%20Us&QuestionID=194 and send an email to email@example.com. In the event of any third-party claim that one of our Apps available on an App Platform or your possession of an App available on an App Platform infringes on a third-party's intellectual property rights, as between AG and the App Platform, AG will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
spam and other technical restrictions
You may not use the AG Platforms to send electronic messages, cards, or other content to mailing lists or to any person to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. AG reserves the right to limit, in its sole discretion and without prior notice to you, the number of electronic messages or cards or the amount of other content that you may send using the AG Platforms or the number of recipients to whom you send such cards, messages, or other content. You are solely responsible for your actions and communications undertaken or transmitted using the AG Platforms and your account with AG. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploaded User Content and transmissions in order to ensure compliance with this Agreement.
You may choose, at your sole and absolute discretion and risk, to use applications that enable interactions between the AG Platforms and a third-party website or online service (each, an "Application"), such as linking your profile on any of the AG Platforms with a third-party website or enabling you to "like" a product or "share" content on other websites. Such Applications may interact with, connect to or gather and/or pull information from and to your profile on the AG Platforms. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your AG Platform accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if AG has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold AG harmless for the sharing of information relating to your AG Platform accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
third -party links, advertisements and products
AG may feature on the AG Platforms, in its newsletters, or in other communications to you, links to third-party websites, social media platforms, or other services. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. Accordingly, you expressly acknowledge and agree that we are in no way affiliated with such third party sites or otherwise responsible or liable for your use of any such third-party sites or online features. Your use of such services is subject to the terms and conditions established by such third-parties. THE INFORMATION, CONTENT, AND PRODUCTS (INCLUDING GOODS AND SERVICES) AVAILABLE THROUGH ANY THIRD-PARTY LINKS (COLLECTIVELY, "THIRD-PARTY PRODUCTS") ARE OFFERED BY INDEPENDENT ENTITIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH AG, AG.COM, AGCM, INC., AMERICANGREETINGS.COM, BLUEMOUNTAIN.COM, JUSTWINK.COM, EGCB, Inc., AG INTERACTIVE, INC., AMERICAN GREETINGS CORPORATION OR EGREETINGS.COM. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AG IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR YOUR USE OF THIRD PARTY SITES OR YOUR PURCHASE OF THIRD-PARTY PRODUCTS. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD-PARTIES FOUND THROUGH THE AG PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, INCLUDING (IF APPLICABLE) IN-APP PURCHASES, GIFT CARDS AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY AND AG IS NOT IN ANY WAY RESPONSIBLE FOR YOUR USE. AG WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY THIRD-PARTY. There may be circumstances where access to the AG Platforms is provided by a link located at another website. Neither AG nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither AG nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither AG nor its affiliates endorses the individuals, companies, or other similar entities, or any products, services or materials associated with such individuals, companies, or other similar entities, that provide a link to the AG Platforms.
sweepstakes, contests & promotions
The AG Platforms may contain or offer sweepstakes, contests, or other promotions, which may be governed by a separate set of official rules and have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration or entry will be valid or restricted and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest, or promotion.
purchase of products and services
Some of the features of the AG Platforms, including the purchase of electronic and paper cards, digital products, services, memberships and subscriptions (collectively, "Products and Services"), and the delivery thereof, will require you to pay a fee. You agree to pay those amounts shown to you during the checkout or similar process and understand that Products and Services are not returnable. The delivery of any Products and Services to you does not transfer any commercial or promotional rights in the Products and Services. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce, or create new works from, any of the Products or Services in whole or in part. You are specifically prohibited from using any of the Products or Services to send commercial advertising or mass mailings of any kind. AG may also impose limits on certain features and services or restrict your access to parts or all of the Product and Services without notice or liability. Once you download a digital product from the AG Platform, it is your responsibility not to lose, destroy or damage it.
You understand that the Products, Services and content we provide on the AG Platforms is subject to change at any time, and that Products, Services and content may be added or removed at AG's discretion. Such changes may include, among other things: the addition or removal of content, Products and/or Services, the requirement that you pay to have access to certain content, Products and/or Services and content, Products and/or Services that you have previously paid for being made available at no charge. If you chose to send content through the AG Platforms on a per send basis, you may send the content you have purchased for 30 days. Any subsequent sends, even of the same content, will require additional payment. There is no refund for per send content.
If you subscribe to become an AG member through the AG Platform, we will charge the applicable Membership fee (to the payment method supplied in your Personal Account at the time of purchase. You may cancel your Membership and request a refund only within thirty (30) days after your payment has been processed. Monthly Memberships may be cancelled for the upcoming month, but refunds will not be given for prior months. Instructions for requesting a cancellation can be found under, "Help Center".
Your Subscription will automatically be renewed at the end of the Subscription term unless: (1) you cancel your Subscription during your Subscription period; or (2) you request a cancellation within 30 days after your renewal payment has been processed. Monthly Subscriptions can be cancelled for the upcoming month, but no refund will be given for prior months. Instructions for requesting a cancellation can be found under "Help Center".
Occasionally, we offer trial periods during which customers register for a Subscription and enjoy all of the Subscription benefits on a trial basis. If you sign up for a trial period and cancel during the trial period, the payment information provided will not be billed. If you do not cancel during the trial period we will automatically charge the applicable Subscription fee to the payment method that you have supplied during the registration process. No refunds will be issued after the trial period.
If you redeem a promotional Membership on AG, you will not be required to provide payment information to access your membership benefits for the length of the promotional term. Please note that a promotional membership differs from a trial membership in this regard. If you choose to remain a member past the promotional period, you will be required to provide payment information (such as a credit card number) to maintain membership benefits.
Gift cards ("Gift Cards"), are issued by a third-party and any unused balances are not redeemable for cash and cannot be returned for a cash refund (except as required by law), exchanged, resold, or used to purchase gift cards. Unused balances are not transferable. Gift cards may be redeemed through the AG Platform only in the United States, its territories and possessions. The Gift Card value is 1/10 of one cent. AG is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Risk of loss and title for a Gift Card pass to the purchaser upon the electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable.
You are responsible for all usage or activity on your Personal Account, including the use of the account by any third-party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Personal Account and any memberships or subscriptions, in our sole discretion. AG reserves the right to disclose any personal information included in your Personal Account or related to your use of the AG Platforms, Products and Services, to third-parties in the course of investigating abuse of our Products and Services and to forward such information to appropriate law enforcement agencies. You must notify AG of any known or suspected unauthorized use of your Personal Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
If you are under the age of 18, you may only purchase Products or Services with the permission of a parent or guardian. AG reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion. AG reserves the right to terminate your Personal Account for violation of any of these rules.
payment of fees and charges
You agree that you will pay all fees and charges that may be accrued by or in connection with your Personal Account at the rates in effect for the billing period in which such fees and charges are incurred. AG reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your Personal Account. Billing occurs at the time of purchase. Rates may change at any time. AG does not provide price protection or refunds if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-Subscription basis (individual downloads, shipped products, paper cards, per send iPad content, etc.) or promotional offerings are final and non-refundable. For information about refunds on a Subscription, refer to the section titled, "Subscriptions".
All purchases include applicable sales taxes in effect at the time of purchase and will be based on the bill-to address provided in the Personal Account. No customers are eligible for tax exemptions for purchases made on this Site.
methods of payment
If you purchase Products and Services, you must provide a method of payment to AG, such as a credit card account number or a checking account number (either on the AG Platform or by phone). AG will charge or debit the then-current price to your method of payment. If you have purchased a Subscription, AG will automatically renew your Subscription and charge your method of payment at the end of the applicable term for the then-current Subscription fee. AG also charges a separate service fee to offset the cost of this method of billing. If you have purchased a Subscription, AG will automatically renew your Subscription and debit your account at the end of the applicable term at your original Subscription price plus a service fee. The service fee is non-refundable. In no event will AG be liable for any NSF or other bank fees resulting directly or indirectly from any debits to your checking account.
Certain Products and Services can be purchased through Premium SMS Billing. These charges are processed by your mobile phone carrier, and third-parties designated by your carrier. The charges will appear on your mobile phone bill during the next billing cycle after your purchase. Purchases made by Premium SMS are final and non-refundable, even in the event of technical incompatibility or non-functionality of the content. Questions or problems relating to Premium SMS Billing should be addressed to your mobile phone carrier.
The AG Platforms may not be used as a photo storage service. We will not store photos for longer than 13 months (and in our sole discretion and without liability, we may remove photos before thirteen months). We cannot guarantee the availability of photo storage, or of the quality or resolution of any photos saved on the AG Platforms. Additionally, we may reduce the size or resolution of any photos you submit on the AG Platforms in order to make them compatible with our systems and processes. For more information about our practices with regard to photo storage, see the FAQ
The AG Platforms may provide certain content that you may choose to include on your personal web page, blog, page on a social networking site, or similar page ("Personal Page") by pasting into your Personal Page the HTML or other code provided by AG and labeled as embed code (or a similar identifying label) ("Widget"). AG grants you a limited, revocable license, subject to the restrictions in this Agreement, to include the Widget, as provided by AG (without editing) on your Personal Page only. You agree that you will not include or otherwise make available a Widget on a web page or website containing content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in AG's sole opinion). As described in the "Disclaimer of Warranties" section of this Agreement, AG makes no specific warranties about Widgets. AG may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. In addition, AG may disable Widgets that you include on any Personal Page if you violate this Agreement (as determined by AG in its sole discretion) or for any or no reason, without any liability to you. You agree that AG's license grant to you to use a Widget on your Personal Page does not provide you with any intellectual property rights, including copyrights, in the materials made available via any Widget. You agree to not sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber or otherwise exploit the content made available in a Widget, in whole or in part, without the express written consent of AG. You agree to include, and not remove or alter, AG's trademark, copyright or other proprietary rights notices, as provided by AG on the Widget. You also agree to not use (or attempt to use) the Widget to display content other than the content provided or intended by AG to be displayed via a particular Widget. Except as expressly stated otherwise, the Widget and any and all content provided through the Widget are subject to this Agreement in their entirety.
disclaimer of warranties
THE AG PLATFORMS (INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, LINKS, MESSAGES, PRODUCTS OR SERVICES PROVIDED ON THE AG PLATFORMS, WIDGETS, MOBILE FEATURES, SOCIAL DISTRIBUTION, AND WIDGETS) ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, AG AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, VENDORS, CONTENT PROVIDERS, LICENSORS, LICENSEES, AND OTHER REPRESENTATIVES (EACH AN "AG PARTY" AND, COLLECTIVELY, "AG PARTIES") DO NOT WARRANT THAT YOUR USE OF THE AG PLATFORMS WILL BE ERROR-FREE, TIMELY, UNINTERRUPTED, OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE AG PLATFORMS OR THE SERVER THAT MAKES THE AG PLATFORMS AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE AG PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE AG PLATFORMS IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE AG PLATFORMS IS AT YOUR SOLE RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE AG PLATFORMS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY AG PARTY, WHETHER MADE ON THE AG PLATFORMS, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND THAT BY USING THE AG PLATFORMS YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE AG PLATFORMS. THE AG PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE AG PLATFORMS BY THIRD-PARTIES (INCLUDING ANY USER OF THE AG PLATFORMS) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE AG PLATFORMS. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE AG PLATFORMS. A POSSIBILITY EXISTS THAT THE AG PLATFORMS COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE AG PLATFORMS BY THIRD-PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE AG PLATFORMS, THE AG PARTIES MAKE NO GUARANTEES AS TO THE COMPLETENESS OR CORRECTNESS OF THE AG PLATFORMS. AG IS ALSO NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC MESSAGES, CARDS, OR OTHER CONTENT REACHING THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE AG PLATFORMS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
AG AND YOU ACKNOWLEDGE THAT THE APP PLATFORM (IF YOU ARE USING ONE OF OUR APPS ON AN APP PLATFORM) HAS NO OBLIGATION TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP.
IF YOU ARE USING ONE OF OUR APPS ON AN APP PLATFORM, THEN NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AND SUBJECT TO THESE TERMS, AG AND YOU ACKNOWLEDGE THAT AS BETWEEN THE APP PLATFORM AND AG, AG IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU MAY HAVE RELATING TO THE APP OR YOUR POSSESSION AND/OR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
limitation of liability; waiver
UNDER NO CIRCUMSTANCES SHALL THE AG PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES) (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) ARISING OUT OF OR IN ANY WAY RELATING, DIRECTLY OR INDIRECTLY, TO (A) THE AG PLATFORMS (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, WIDGETS, MOBILE FEATURES, SOCIAL DISTRIBUTION, APPLICATIONS, AND INFORMATION, PRODUCTS AND SERVICES CONTAINED ON OR AVAILABLE ON OR THROUGH THE AG PLATFORMS); (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE AG PLATFORMS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE AG PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE AG PLATFORMS; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY MATTERS; (G) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE AG PLATFORMS; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE AG PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE AG PLATFORMS). IN NO EVENT WILL THE AG PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE AG PLATFORMS IS TO STOP USING THE AG PLATFORMS, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF THE AG PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE AG PLATFORMS.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF AG'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION THE AG PLATFORMS OR ANY AG WEB SITES, MOBILE APPS, PROPERTY, PRODUCT, SERVICE, OR OTHER AG PLATFORM CONTENT OWNED OR CONTROLLED BY THE AG PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY AG PLATFORM, MOBILE APP, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE AG PARTIES.
BY ACCESSING THE AG PLATFORMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The information provided on or through the AG Platforms themselves are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the AG Platforms from offices located in the United States and make no representations or warranties that the information, products or services available through the AG Platforms are appropriate for use or access in other locations, unless express stated. Anyone using the AG Platforms from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws apply. We reserve the right to limit the availability of the AG Platforms or any portion of the AG Platforms, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. Software related to or made available by the AG Platforms may be subject to United States export controls. Thus, no software from the AG Platforms may be downloaded, exported or re-exported: (a) into a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (b) by or to any person listed on any U.S. Government list of prohibited or restricted persons. By downloading any software related to the AG Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
termination and enforcement by ag
In the event AG determines, in its sole discretion, that you have violated this Agreement, AG will have the right to immediately terminate your account (with or without refund), refuse membership, suspend or block access to your use of the AG Platforms, or block the sending, receiving or uploading of content from the AG Platforms, or pursue any other remedies available to it under applicable law. AG also reserves the right to investigate suspected violations of this Agreement. Any violation of this Agreement may be referred to law enforcement authorities. AG further reserves the right at any time to modify or discontinue, temporarily or permanently, any of the AG Platforms with or without notice. You agree that AG will not be liable to you or to any third-party for any modification, suspension, or discontinuation of the AG Platforms. Any provision of this Agreement, which by its terms, ought to survive, shall survive any termination of this Agreement.
governing law and dispute resolution
Except for disputes relating to the infringement of your or AG's intellectual property (such as trademarks, trade dress, copyright and patents) or where you or AG are seeking a preliminary injunction ("Excluded Disputes"), you agree that all disputes between you and AG (whether or not such dispute involves a third-party) with regard to this Agreement, your use of the AG Platforms, or any AG advertisement or promotion, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor AG will participate in a class action or class-wide arbitration for any claims covered by this Agreement. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, Ohio law. The arbitration will be conducted in Cuyahoga County, Ohio, in the English language by three arbitrators appointed in accordance with the American Arbitration Association's Rules. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. This Agreement is governed by and construed in accordance with the laws of the State of Ohio without giving effect to any principles of conflicts of law. You agree that any action at law or in equity relating to the arbitration provision of this Agreement or the Excluded Disputes will be filed only in the state or federal courts located in Cuyahoga County, Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
updates to this agreement
We reserve the right to modify or add to this Agreement at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the AG Platforms so that they are accessible via a link on the home page, and that your use of the AG Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this Agreement before using the AG Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the AG Platforms from that point forward.
In our sole discretion, we may assign this Agreement in whole or in part, without notice to you. You may not assign this Agreement without our prior written consent.
If you use one of our Apps on an App Platform, you acknowledge and agree that the App Platform is a third-party beneficiary of this Agreement, and that, upon your entry into this Agreement, the App Platform will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
The waiver by either party of any breach of this Agreement will not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights. This Agreement may be modified only by a written instrument executed by authorized representatives of you and AG.
If you have any questions, complaints, or claims, you may contact AG at:
AG Customer Support
AG Interactive, Inc.
One American Road
Cleveland, Ohio 44144
This Agreement, along with any applicable written Additional Terms, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this Agreement or Additional Terms by any representations or promises not specifically stated herein or in the written Additional Terms.