Terms of Use
These Terms of Use describe the terms and conditions under
which you, the user, are granted the right to use Web sites operated by Amos
Press, Inc. ("API") and on behalf of its various publication and other
registered trade names (Hereinafter Web
site if singular, or, "Web sites" if the use of more than one site is referred
to).
USER AGREEMENT
BY USING THIS WEB SITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND
BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND ALL OTHER POLICIES
POSTED ON THE WEB SITES. Your use of this Web site is contingent on the
foregoing agreement, and if you do not agree, you must cease using the Web
site. Your electronic acceptance of these Terms of Use and other posted
policies through your use of this Web site shall have the same force and effect
as if you had actually signed an agreement embodying these terms. API may
change these Terms of Use at any time by posting changes on this page of the
Web site. It is your responsibility to review these Terms of Use prior to each
use of the Web site. By continuing to use the Web site, you agree to any such
changes.
WEB SITE AND CONTENT
Web Site Availability
API may change, suspend or discontinue availability of any aspect of the Web site
at any time. We may also impose limits, registration requirements or fees on certain
features or services or restrict your access to parts or the entire Web site or may
delete or suspend any or all of your user created content without notice or liability.
In addition, the Web site may contain
links to other Internet sites, resources, and sponsors or advertisers on the
Web site. We are not responsible for the availability of these outside
resources, or their contents, and accordingly, you should direct any concerns
regarding any link or other Web site to the site administrator or webmaster of
such site.
Copyright
All content on the Web site is protected by copyright, and owned or controlled
by API, or the party accredited as the owner or provider of the content. You
must abide by all copyright notices, information, or restrictions contained in
any content accessed through the Web site.
Personal Non-Commercial Use
This Web site is for your personal and noncommercial use only.
You may download or copy the content on this
Web site for personal use, but only if you preserve and display all copyright
and other notices relating to that content.
Any other use of the content is prohibited without prior written
permission from API (see Contact Us at the end of these Terms of Use), or the
copyright owner identified in the copyright notice in the content. Any commercial
spam intended to drive traffic or otherwise promote your web site(s), goods or
services using the Web Site or its blog or any other user created content feature
of the Web site is strictly prohibited.
Links/Advertisements/Search Engines
The Web site may link to other sites operated by third parties. The inclusion
of any link to such sites does not imply endorsement or recommendation by the
Web site, or by API of these sites, but is for your reference and convenience
only. We are not responsible for the content or accuracy of any third-party or
off-site pages or any other sites linked to the Web site. Linking to any other
third party or off-site pages or other sites is at your own risk and subject to
the terms and conditions of use of those sites.
The Web site also contains advertisements by third parties. Unless otherwise
specifically stated on the Web site, we do not endorse or make any
representation or recommendation regarding the quality, or accuracy of any
products or services featured in, or linked to any advertisement that appears
on the Web site.
Unless otherwise prohibited under these Terms of Use, you are permitted to
create hyperlinks to the content on the Web site (including "deep linking" to
articles or pages within site), provided that (1) the hyperlink text accurately
describes the content as it appears on the Web site, (2) no "scraping" of the
content by any means (i.e., extracting content from the Web site and
reformatting it, aggregating it with other content or redistributing it other
than in its complete originally displayed format), (3) under no circumstances
may you "frame" the Web site or any of its content or copy portions
of the Web site to a server, except as part of an Internet service provider's
incidental caching of pages and (4) each page within the Web site must be
displayed in full (including all trademarks, branding, advertising and
promotional materials), unaltered without any accompanying frame, border,
margin, design, branding, trademark, advertising or promotional materials not
originally displayed on the page within the Web site. We reserve the right at
any time in our sole discretion to revoke this permission generally, or your
right to use specific links. If you have any questions regarding these linking
policies you may contact us, or if you wish to link in a manner not authorized
in these Terms of Use, you must get our prior written permission (see Contact
Information below).
Search engines and indexing agents are required to obey the restrictions of any
Robots.txt files located on API Web sites.
Online Marketplace
Certain areas of the Web site are online marketplaces where registered users
("Buyers") may shop for goods listed and offered for sale ("Items") by authorized
dealer/advertisers ("Sellers") who are commercial customers of API and who are not
affiliated with, or related in any way to, API. API intends to create a superior
shopping experience, anchored by start-of-the-art technology and strong relationships
with reputable Sellers. However, in our Online Marketplace(s), the Seller owns and
manages the sales of Items on our Website. As such, ANY TRANSACTION ENTERED INTO BY
A BUYER WITH A SELLER ON THE WEB SITE IS SOLELY BETWEEN THE BUYER AND THE SELLER and
API has no liability for the Item, its advertised description, pricing, fulfillment
timing, packaging, shipping method, payment or any other characteristic or requirement
of the transaction. While certain system-based features of the Web site support the
processing and communications of these transactions, API makes no representations or
warranties regarding Marketplace transactions other than those described in the Legal
Terms section below.
Certain Commercial
Transactions
ZillionsOfStamps.com and the CoinWorld.com Marketplace may act as a venue to allow
registered users to offer, sell, and buy items from one other. However, the Web site
is not a store or "e-commerce" provider, and it is the SOLE RESPONSIBILITY of users to
complete transactions. The Web site has no control over the quality, safety or legality
of the items advertised, the truth or accuracy of the posts, the ability of sellers to
sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or
seller will actually complete a transaction, and we do not transfer legal ownership of items.
No Representations or Warranties
API and its owned online operations make no representations or warranties as to
the validity, truthfulness, accuracy or legality of any content on the Web
site, including without limitation any content submitted by any user (see
"Legal Terms" below).
USER CREATED CONTENT
Submissions
You must be at least 18 years old to contribute content to this Web site.
By submitting any material (text, photos, videos or other content) to API
either through the Web site or physical delivery, you agree to be bound by these
Terms of Use. It is your
responsibility to review and understand these terms at the time of your
submission. By your submission you retain copyright ownership, but agree to the
free and non-commercial redistribution and use of your content by other users,
and agree to and grant the license to API as described next.
LICENSE: Through your submission of any materials of any kind (whether text,
photos, video or other content), you grant to API the irrevocable,
nonexclusive, worldwide, royalty-free, fully paid-up, transferable and
sub-licensable right and license to host, index, cache, tag, encode, use, copy,
modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display
and perform, and create derivative works of, in each case in any media now or
hereafter known and in any manner for any non-commercial or commercial purpose
(collectively "Use") the content submitted by you with no monetary compensation
at any time. By making any submission, you thereby waive your rights and allow
the materials to be edited or otherwise changed in any manner not agreeable to
you. API has no obligation to provide attribution for any content you post. If
you do not agree to these terms, do not submit any content. Nothing in these
Terms of Use prohibits you from redistributing or selling your original content
to other parties.
You are solely responsible for all content that you post, e-mail or otherwise
make available through the Web site. For all content provided by you, you agree
to indemnify API as provided in Legal Terms below.
Content Submission Rules and Restrictions
By submitting any content, you represent and warrant that: (1) you either own
the content or have all necessary rights to use and submit it; (2) all
information you provide is true, accurate and complete, and does not violate
these Terms
of Use or the terms of any third
party license; and, (3) the content will not cause injury, embarrassment or
harm to any person or entity.
You agree not to submit any content in any forums, chats, e-mails or otherwise
that:
is libelous, defamatory, obscene, pornographic, or otherwise illegal;
is threatening, abusive or disruptive to other users (including without
limitation repetitive, meaningless messages, personal attacks, content
constituting spam, etc.)
abuses or discriminates on the basis of race, religion, nationality, gender,
sexual orientation, age, disability, or other legally protected class;
infringes any party's intellectual property rights, including without
limitation copyrights and trademarks
impersonates another person, organization or misquotes another person
violates any applicable law, or violates any party's rights
offers, advertises or promotes any goods, services or web sites; or solicits any funds or
consideration.
contains malware or other virus insertions that may pop-up, install, attack or
otherwise impact anyone using the Web site or any of its features.
In addition, you agree not to contact any users of the Web site (including
through off-line communication) for the purpose of threatening, harassing or
abusing them due to their content submissions on the Web site.
You agree that API has no responsibility to store or provide use of your user created content.
As such, API disclaims liability for the, deletion of, failure to store, failure to provide
access to, or failure to transmit any user created content placed on the Web site. API
retains the right to create limits on use and storage of user created content at its sole
discretion and apply those limits at any time with or without notice.
You are solely responsible for the content you submit. API does not and cannot
review every submission made and is not responsible for the content of any
submissions. However, content that is deemed inappropriate or in violation of
these Terms of Use, in API's sole discretion, will be removed from public view and/or deleted in whole or in part.
You may contact us if you disagree with any removal (see Contact Us below);
however, all decisions regarding content and compliance with these Terms of Use
will be determined by API in its sole discretion. If you disagree with these
conditions, do not submit any content.
Identity and Privacy
You must use a consistent handle or account name for any submissions you make,
and you may not submit content under another person's name. If you are an
elected official, you must submit content identifying yourself as such when
posting about a political issue. "Sock puppets" are not permitted (i.e., using
a fake or alternate identity to post content for a deceptive purpose, such as
without limitation, praising a person or company without disclosing an
underlying affiliation with that person or company).
We reserve the right to include your real name on your internet postings if
required through registration or otherwise provided to us, or when republishing
your material in a printed edition of one of our publications.
API does not warrant or claim to have verified the identity of any user. There
may be users who participate under a false identity.
For information on our privacy policies regarding personal information gathered
on the Web site, please see our Privacy Policy also located at the bottom of
our Web pages, which policy is incorporated herein by reference.
Offline Meetings
API Web sites may offer the ability for users to create personal profiles and
otherwise offer blogs, message boards, or other similar forums that are
designed to allow individuals to exchange information and ideas related to
hobbies, collectibles and other special interest or enthusiast subject matters
about which we choose to publish or otherwise develop electronic media. Such
information exchanges enable individuals to meet each other for any purpose. In
addition, any posting to the Web site will be publicly viewable, and your
identity may be discovered by other users. We cannot vouch for the safety of
offline meetings of individuals you meet through the Web site, and such
meetings are held at your sole risk and liability. Furthermore, you are advised
to be careful not to divulge personally identifying information about yourself,
including but not limited to your telephone number(s), street addresses, URLs
or e-mail addresses publicly on the Web site. If you do provide this
information on the Web site or to a third party who you met through the Web
site, it is at your sole risk. In addition, if you choose to submit content to
the Web site in an area that requires that your real identity be disclosed, you
do so at your sole risk and liability.
WEB SITE REGISTRATION
Registrations
Some areas of the Web site may require registration in order to gain access or
submit content. You may not create more than one account unless expressly
permitted in the registration rules. If you create multiple accounts, you are
prohibited from creating the appearance that multiple accounts controlled by
you are in fact all different individuals.
Termination
You agree that at our sole discretion, and in our sole judgment, we may
terminate your account at any time with or without cause.
Termination for cause may include, but is not limited to:
Violations of these Terms of Use
Violations of other posted rules of conduct
Violations of law or intellectual property rights
Harassment or belittling conduct toward individuals, companies or other third
parties
An expression of your unwillingness to abide by these terms and conditions or
other clearly posted site rules
Failure to abide by the instructions for guidelines of forum moderators,
editors or other authorized members of the
community to provide such moderation.
Failure to provide real, verifiable information about your true identity
where requested or instructed
Termination of a user's account may include any of the following actions:
A complete deletion (non-recoverable)
from all files, databases and any and all storage mechanism of the user's
files, uploads, content, and personally identifiable information. In such a
case, neither API nor its third party service providers have any obligation to
retrieve or restore deleted data, or otherwise make good in any fashion the
loss of such data.
User data, including without limitation submitted content,
errant code or personal information, may also be hidden from public view, but
not destroyed. In such a case, neither API nor any third party service
providers are under any obligation to retrieve or restore such data.
Users who are terminated are prohibited from creating new accounts without
prior written consent of API. API will determine in its sole discretion whether
to reinstate a given User. Users may also appeal account termination by writing
to:
Webmaster
Amos Press, Inc.
1660 Campbell Road, Suite A
Sidney, OH 45365-4129
When applying for a new account, or appealing a termination decision, please
include printouts of all relevant data, e-mails, postings, including the domain
name where the primary account was held and the date the account was
terminated. Once your termination is under review, all subsequent communication
will be through e-mail, so please be sure to include a current and working
e-mail address with your letter. You acknowledge and agree that API will make
the final determination in its sole discretion as to any terminated account, or
re-application for a new account after termination and that this represents
your sole and exclusive remedy for any terminated account.
LEGAL TERMS
No Representations or Warranties as to Web site
The web site and all content
provided by API or its third party service providers is distributed and accessible on an
AS IS and AS AVAILABLE basis. API and its third party service providers make no
representations or warranties that operation of the web site (or services
obtained through the web site) will be uninterrupted or error free and do not
provide any warranty as to the use, sufficiency or accuracy of any content. All
warranties, conditions, representations, indemnities and guarantees as to
products and services provided by API, whether express or implied, arising by
law, custom, prior oral or written statements by API, its third party service
providers or otherwise (including, but not limited to, any implied warranty of
merchantability, fitness for particular purpose, satisfactory quality, title or
non-infringement) are hereby overridden, excluded and disclaimed.
Limitation of Liability
Under no circumstances will API (or its
directors, employees or agents) be liable to you or any third person for any
for any consequential, indirect, special, punitive or incidental damages, or
lost profits or lost data, whether foreseeable or unforeseeable, arising from
your use of its Web sites, any applications available through its Web sites, or
any Web site content or other materials on, accessed through or downloaded from
its Web sites. In addition, and notwithstanding anything to the contrary
contained herein, the API 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 for Web site products or services accessed by you,
but in no case will such liability to you exceed $100. You acknowledge that if
no fees are paid by you for the Web sites, you shall be limited to injunctive
relief only, unless otherwise permitted by law, and shall not be entitled to
damages of any kind from API, regardless of the cause of action. Certain state
laws do not allow limitations on implied warranties or the exclusion or
limitation of certain damages. If these laws apply to you, some or all of the
above disclaimers, exclusions or limitations may not apply to you, and you may
have additional rights.
Indemnity
You agree at your expense to indemnify and hold harmless, API and each of their
respective partners, suppliers, licensors, officers, directors, shareholders,
employees, representatives, contractors and agents, from any and all claims,
suits, actions and investigations, and any costs, expenses, liabilities or
damages therefrom (including attorneys' fees and court costs) arising from or
relating to any allegation regarding: (a) your use of the Web site; (b) the Web
site's or API's use of any content or information you provide, as long as our
use is not inconsistent with these Terms of Use; (c) information or material
posted or transmitted through your registration account or user ID, even if not
posted by you; and, (d) any violation of these Terms of Use by you
(collectively "Claims").
API reserves the right to select counsel and conduct the defense or settlement
of any such Claim, which shall not relieve you of your obligation to indemnify
as provided above.
Governing Law and Venue
The agreement regarding these Terms of Use has been made in
and shall be construed and enforced in accordance with
Severability; Waiver
If any provision of these Terms of Use is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Use, which
shall remain in full force and effect. No waiver of these Terms of Use shall be
effective unless the waiver is in a writing signed by an authorized
representative of API. No waiver shall
be deemed a further or continuing waiver of such term or condition or any other
term or condition.
Copyright Violations
Users are prohibited from uploading, posting or otherwise transmitting on the
Web site any materials that violate another party's intellectual property
rights. When we receive proper notification of alleged copyright infringement,
we promptly remove or disable access to the allegedly infringing material and
terminate the accounts of repeat infringers in accordance with the Digital
Millennium Copyright Act. If you believe that any material on the Web site
infringes upon any copyright which you own or control, please notify us at
webmaster@amospress.com. (Please direct all general questions to
webmaster@amospress.com)
CONTACT INFORMATION
If you have any questions about these Terms of Use, please
contact us in one of the following ways:
E-mail us at: webmaster@amospress.com and insert only the words "Re: Terms of
Use" in the subject line of the e-mail.
Write to us at:
Webmaster
Amos Press, Inc.
May 16, 2011
_TERMS OF
USE – Amos Press, Inc. (Amos Publishing) 08-11-2008.doc