Last updated March 1, 2010
Thank you for visiting the whatisamericanpower.com website (the “Site”). What Is American Power? LLC (“we”, “us” or “our”) provides the Site subject to the following terms and conditions (the “Terms of Use”) governing your use of the Site. Please read these Terms of Use carefully before you continue to use the Site or submit any information to us through the Site.
We may modify these Terms of Use from time to time. Modifications will be effective immediately upon being posted on the Site. You should read these Terms of Use whenever you visit the Site so that you are aware of any modifications. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF USE, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO US THROUGH THE SITE.
Restrictions on Use of the Site. Subject to the terms and conditions of these Terms of Use, we hereby grant you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site for purposes of viewing the site’s Content (as defined below), participating in our forum on the meaning and future of American power, downloading “What is American Power” post cards and posters and not for any commercial use.
Ownership of Content. Our Site includes a combination of content that we, our users and other third parties create (collectively, the “Content”). All of the Content available through the Site is trademarked or copyright protected. As disclosed in certain sections of the Site, you may use the specific materials or Content posted in such sections of the Site only for downloading “What is American Power?” posters and/or postcards.
WHAT IS AMERICAN ART? is an unregistered trademark owned by us. No right, title or interest in any Content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.
Posting and Transmitting Content. You are solely responsible for all materials that you upload, post, email, transmit, or otherwise make available on the Site (“Your Content”). You agree that Your Content will not violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights of any person or entity and that it will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malicious code that could in any way affect the operation of the Site or any computer that connects to the Site. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead us or our service providers.
We have the right, but not the obligation, to remove any Content posted to the Site by Site users that may, in our sole discretion, violate these Terms of Use or that is otherwise, in our sole opinion, objectionable. Nonetheless, you understand that by using the Site, you may be exposed to Content that you find offensive or objectionable. Your use of the Site constitutes your acknowledgment that you bear all risks associated with your use of the Site.
Grant of License. You certify that you own all intellectual property rights in Your Content. We will treat such content posted or transmitted by you as non-confidential and non-proprietary information. Upon posting or transmitting Your Content on or through the Site you grant us a worldwide, irrevocable, royalty-free, non-exclusive, license, with the right to sublicense, use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for any and all purposes. Please do not send us any creative ideas or any other plans or proposals that you would like to keep confidential and proprietary. You agree that any information that you provide us will be covered by the license granted herein.
Registration and Account Responsibility. The Site is available to anyone 14 years of age or older who truthfully and accurately provides all required information, including a legitimate email address[, and who obtains a unique username and password. Each time you use your username and password on the Site you will be deemed an authorized user of the Site in a manner consistent with these Terms of Use. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on, the Site including, without limitation, all transmissions and obligations (which shall include, without limitation, all financial obligations) with your username and password whether or not such access or use was authorized by you. You shall immediately notify us of any unauthorized access to, or use of, your username and/or password or any other breach or threatened breach of the Site’s security of which you become aware.]
Privacy Policy. All of the information that we collect from you and all of the information you provide to us (including, without limitation, personally identifiable information) is subject to our Privacy Policy. Please click here to see our full Privacy Policy. These Terms of Use incorporate by reference the terms and conditions of our Privacy Policy.
Site Directed at United States Visitors. The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
Links to Third Party Sites. To provide you with access to related sites, our Site may contain links to third party websites. By clicking on or following through to any such websites, you agree to review and agree to such third party website’s terms of use and privacy policies. We are not responsible for the privacy practices or the content of any such third party websites. We are not affiliated with, and do not endorse or sponsor, any such third party website or any product or service of any such third party.
Disclaimers. We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through the Site.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND THE CONTENT AND SERVICES AVAILABLE ON THE SITE ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (V) ANY ERRORS ON THE SITE WILL BE CORRECTED.
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF THE SERVICES OR TOOLS AVAILABLE ON THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
Limitation of Liability. IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER EQUIPMENT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Waiver of Jury Trial. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Injunctive Relief. You acknowledge that any use of the Site except as expressly permitted by these Terms of Use without the prior written permission of us will cause irreparable injury for which monetary damages would not be sufficient, and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.
Indemnification. By utilizing the Site, you agree to indemnify, defend and hold us harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by us in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of your use of the Site; any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; the content, the quality, or the performance of content that you submit to the Site; your connection to the Site; your violation of these Terms of Use; or your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Termination. We may terminate your access, or suspend any user’s access to all or part of the Site without notice or recourse, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or of these Terms of Use or is harmful to the interests of another user, a service provider, or us.
Governing Law. By visiting or using the Site, you agree that the laws of the State of New York, without regard to principles of conflicts of law, will govern our Privacy Policy and these Terms of Use and any dispute of any sort that might arise between you and us. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice. We respect the copyright interests of others and, as such, require our users to comply with these Terms of Use and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Use or your copyright please report the violation. In the case of a copyright violation please provide the following information:
Susan Bell (susanbell@artfuledit.com)
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.
Miscellaneous. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through the email address we have for you. We cannot be held liable if we fail to notify you via mail or email. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within six (6) months after such claim or cause of action arose or it will be forever barred. These Terms of Use, and all terms, conditions, and policies that are incorporated into these Terms of Use by reference, constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements that you may have with us. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in full force and effect.
Our Address. Please send any questions or comments regarding this Site to: info@WhatIsAmericanPower.com