This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the AwardsandHonors.com (AH) Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (a registered user ). The term "User" refers to a Visitor or a Member. You are only authorized to use the services of AH if you agree to abide by all applicable laws and to this Agreement.
If you do not agree with the Agreement, you should exit AH immediately. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance during the Registration process.
AH may modify this Agreement from time to time and such modification shall be effective upon posting by AH on the AH Website. You agree to be bound to any changes to this Agreement when you use the AH Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please be careful about the information you post on AH and that you provide to other Users. Your AH profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other AH Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and AH assumes no responsibility or liability for this material. If you become aware of misuse of the AH Services by any person, please contact AH.
AH reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the AH Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of and Membership in the AH Services is void where prohibited. By using the AH Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 12 years of age or older; and (d) your use of the AH Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 12 years of age.
- Term. This Agreement shall remain in full force and effect while you use the AH Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. AH may terminate your Membership at any time, without warning
- Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify AH immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The AH Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by AH. Illegal and/or unauthorized use of the AH Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the AH Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the AH Services.
- Proprietary Rights in Content on AH.
- AH does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the AH Services. After posting your Content to the AH Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the AH Services, you hereby grant to AH a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the AH Services.
Without this license, AH would be unable to provide the AH Services. The license you grant to AH is non-exclusive (meaning you are free to license your Content to anyone else in addition to AH), fully-paid and royalty-free (meaning that AH is not required to pay you for the use on the AH Services of the Content that you post), sublicensable (so that AH is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the AH Services), and worldwide (because the Internet and the AH Services are global in reach). This license will terminate at the time you remove your Content from the AH Services. The license does not grant AH the right to sell your Content, nor does the license grant AH the right to distribute your Content outside of the AH Services.
- You represent and warrant that: (i) you own the Content posted by you on or through the AH Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the AH Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the AH Services.
- The AH Services contain Content of AH ("AH Content"). AH Content is protected by copyright, trademark, patent, trade secret and other laws, and AH owns and retains all rights in the AH Content and the AH Services. AH hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the AH Content (excluding any software code) solely for your personal use in connection with viewing the AH Website and using the AH Services.
- The AH Services contain Content of Users and other AH licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the AH Services.
- Content Posted.
- AH may delete any Content that in the sole judgment of AH violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. AH assumes no responsibility for monitoring the AH Services for inappropriate Content or conduct. If at any time AH chooses, in its sole discretion, to monitor the AH Services, AH nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the AH Services, and any material or information that you transmit to other Members and for your interactions with other Users. AH does not endorse and has no control over the Content. Content is not necessarily reviewed by AH prior to posting and does not necessarily reflect the opinions or policies of AH. AH makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the AH Services. AH reserves the right to investigate and take appropriate legal action against anyone who, in AH's sole discretion, violates this provision, including without limitation, removing the offending communication from the AH Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of AH:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the AH Website and through your use of the AH Services. AH reserves the right to investigate and take appropriate legal action against anyone who, in AH's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the AH Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the AH Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, AH reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which AH deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the AH Services, you acknowledge that you will have caused substantial harm to AH, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay AH $50 for each such unsolicited email or other unsolicited communication you send through the AH Services;
- covering or obscuring the banner advertisements on your personal profile page, or any AH page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the AH Services or the networks or services connected to the AH Services;
- attempting to impersonate another Member or person;
- for band profiles, copying the code for your AH Player and embedding it into other profiles or asking other Members to embed it into their profiles;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the AH Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the AH Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
- using the AH Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of AH to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to AH by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the AH Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the AH Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made 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.
- Member Disputes. You are solely responsible for your interactions with other AH Members. AH reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Privacy. Use of the AH Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
- Disclaimers. AH is not responsible for any incorrect or inaccurate Content posted on the AH Website or in connection with the AH Services, whether caused by Users of the AH Services or by any of the equipment or programming associated with or utilized in the AH Services. Profiles created and posted by Members on the AH Website may contain links to other websites. AH is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by AH. Inclusion of any linked website on the AH Services does not imply approval or endorsement of the linked website by AH. When you access these third-party sites, you do so at your own risk. AH takes no responsibility for third party advertisements which are posted on this AH Website or through the AH Services, nor does it take any responsibility for the goods or services provided by its advertisers. AH is not responsible for the conduct, whether online or offline, of any User of the AH Services. AH assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. AH is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the AH Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the AH Services. Under no circumstances shall AH be responsible for any loss or damage, including personal injury or death, resulting from use of the AH Services, attendance at a AH event, from any Content posted on or through the AH Services, or from the conduct of any Users of the AH Services, whether online or offline. The AH Services are provided "AS-IS" and as available and AH expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AH cannot guarantee and does not promise any specific results from use of the AH Services.
- Limitation on Liability. IN NO EVENT SHALL AH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF AH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AH'S 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 AH FOR THE AH SERVICES DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software available in connection with the AH Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the AH Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Disputes. If there is any dispute about or involving the AH Services, you agree that the dispute shall be governed by the laws of the State of New Jersey, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Jersey, City of Newark. Either AH or you may demand that any dispute between AH and you about or involving the AH Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Newark, New Jersey, USA, provided that the foregoing shall not prevent AH from seeking injunctive relief in a court of competent jurisdiction.
- Notice and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others, and require that the people who use the Web Site, or the services or features made available thereon, do the same. If you believe in good faith that a copyrighted work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below. To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users that we have received a notice of infringement by means of a general notice on the Web Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which the Newspaper’s offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Copyright Agent:
Jonathan Gelberg
Phone: 973-228-7185
Fax: 973-228-7185
e-mail: jgelberg@awardsandhonors.com
- Indemnity. You agree to indemnify and hold AH, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the AH Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the AH Website or through the AH Services causes AH to be liable to another.
- Other. This Agreement is accepted upon your use of the AH Website or any of the AH Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and AH regarding the use of the AH Services. The failure of AH to exercise or enforce any right or provision of this Agreement shall 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. AH is a trademark of AH, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact AH with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
