Welcome! You may use our Web sites, services, applications, content (collectively, the "Services") only on the condition that you abide by the following terms.
BY REGISTERING FOR, INSTALLING, ACCESSING OR USING ANY OF OUR SERVICES, YOU AGREE TO THESE TERMS OF SERVICE (the "TOS"). This TOS is an agreement in electronic form that has the same force and effect as an agreement in writing. You agree that any dispute with us or this TOS resides in a state or federal court located in the Commonwealth of Virginia.
1. ABOUT THESE TERMS OF SERVICE
- 1.1 Terms of Service: This TOS governs your use of the Services and your relationship between You and us. In this TOS, the term "You," "your", etc., means the individual or entity using the Services, and the term "we" or "us" means the AOL companies, subsidiaries and affiliates that provide the Services to You. If you cannot or do no wish to abide by the terms of this TOS, You may not use the Services.
- 1.2 Supplemental Terms: Certain Services may be subject to supplemental terms, such as usage rules and terms required by our vendors. We will provide you with an opportunity to review and agree to those terms before you use those Services. If a supplemental term conflicts with this TOS, the supplemental term takes precedence over the terms in this TOS.
- 1.3 Modifications of the TOS: We may modify this TOS at any time and will provide You with notice of material changes to this TOS at least thirty (30) days in advance of their effective date. If You do not want to agree to the changes, Your sole remedy is to discontinue your use of the Services. Your continued use of any Service after the effective date of the changes will constitute Your agreement to the changes.
2. QUALIFICATION TO USE AND LOCATION OF OUR SERVICES
- 2.1 You: You must be at least 13 years of age or older to use the Services. You understand that You may not accept the benefits of the Services unless you abide at all times by this TOS.
- 2.2 Location of the Services: The Services are controlled and operated within the United States. Although the Services are accessible from outside of the United States, You understand and agree that the Services (a) are not designed or customized for distribution for any specific country or jurisdiction ("Territory"); (b) may not be used in any Territory prohibited by law, (c) may not be appropriate or available for access or use in any particular Territory; and (d) are provided without any content filtering or rating mechanism. We have no obligation to assure that the Services comply with applicable local laws and regulations within the Territories in which you elect to use the Services. You are solely responsible for compliance with local laws applicable to your use of the Services.
3. REGISTRATION, USER IDS, AND ACCOUNTS
- 3.1 Registration: Registration with us is optional. Certain Services may require that you obtain a user identification to authenticate access to your Services ("User Id"). Registration is at your option. If you elect to sign up for any of our Services, You must register in your own name, provide true and correct information to us, and meet the eligibility requirements of Section 2.1 above. Certain User Ids may give you access to a variety of services provided by us, including e-mail and instant messaging services. These User Ids may be subject to separate terms, which will govern your use of such User Ids when you access the Services and other products offered by us.
- 3.2 Ownership: All User Ids created on or using one of our domains, e.g., aol.com or aim.com, or assigned by us are our property. We reserve the right to cancel or reclaim any User Id that we believe, in our sole discretion, is inappropriate, violates our policies, or violates the rights of third parties who hold a trademark or other legal claim to the User Id.
- 3.3 Maintaining Your Account: We may deactivate Your User Id if You have been inactive for more than 90 days. If we deactivate your User Id, You will no longer have access to any data you kept on the Services, including e-mails. We will not be responsible for any lost data if your User Id is deactivated or terminated.
4. YOUR RESPONSIBILITIES WHEN USING OUR SERVICES
- 4.1 Your Responsibilities: You are responsible for your use of the Services under your User Id. When you use any of our Services, you will:
- a. Follow all applicable laws and regulations;
- b. Follow this TOS, including any other guidelines or policies that may apply to specific Services;
- c. Protect Your User Id and keep your password secret; and
- d. Not let anyone use Your User Id for any purpose.
- 4.2 Prohibited Activities: When you use any of our Services, you will not:
a. Participate in, facilitate or further illegal activities;
- b. Use any Service in a way that harms us or our customers, advertisers, affiliates, vendors, or anyone else;
- c. Send any e-mail or Instant Message or use any other communication tool to send any unsolicited bulk communication;
- d. Use any automated process to access or use the Services, including but not limited to scripts, spiders, or BOTs;
- e. Use any process, whether automated or manual, to capture data or content from any Service, including but not limited to screen-scraping;
- f. Use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services;
- g. Interfere with anyone's use and enjoyment of the Services; or
- h. Resell or redistribute any Services or any part of the Services.
- 4.3 Termination of Your Account: We have the right to enforce this TOS and take whatever action against your Account we deem appropriate in our sole discretion. We are not required to provide notice prior to terminating or taking any other action against Your Account.
- 4.4 Posting Contact and Other Personal Information: You are solely responsible for the content You post or otherwise provide (including any personal information You choose to submit or share using any Service, such as disclosing Your home address or the home address of others), disclosing your location on location based services, and the consequences of sharing or publishing such content with others or the general public. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT, INTERACTION, LOSS OF PRIVACY, AND ANY OTHER CONSEQUENCES THAT OCCUR BETWEEN YOU AND ANY OTHER USER OF OUR SERVICES OR THE PUBLIC AND THAT THE ENTIRE RISK FALLS ON YOU.
5. CONTENT YOU POST ON OUR SERVICES
- 5.1 Posting Content: You may only post content that You created or which You have been given express permission to post by the owner of the content.
- 5.2 Appropriate Content: You may not post or distribute content that is illegal or that violates this TOS and our posted policies and guidelines. We reserve the right to remove content for any reason in our sole judgment and discretion, including without limitation, that such content violates the TOS, does not meet our standards or does not comply with the Community Guidelines. However, we are not responsible for any failure or delay in removing such material.
- 5.3 Rights to Posted Content: By posting or submitting content on any Service, You represent and warrant that (i) You own all the rights to this content or are authorized to use and distribute this content on our Services; and (ii) this content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
- 5.4 License to Use Posted Content: You or the owner of the content retain ownership of all right, title, and interest in content that You post to any of our Services. However, by posting content on a Service, You grant us and any parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, perform, distribute, redistribute, adapt, promote, create derivative works and syndicate this content in any medium and through any form or technology of distribution. In addition, if you participate in any feature on the Services that allows users to share, modify, or combine user content with other content, you also grant our users an irrevocable, royalty free, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute, redistribute and perform your content on the Service. You understand and agree that any content may be collected and used by others and that we have no control or obligation to control such use by others.
- 5.5 Ownership In Compilations and Other Works: We own all right, title, and interest in any compilation, collective work or other derivative work created by us using or incorporating content provided by you and other users.
- 5.6 No Professional Advise: You may post content for information and entertainment purposes only. You may not post content intended to provide professional advice directed to any user on the Service, including without limitation, providing medical treatment, legal or personalized investment advice. You may not post content to solicit or offer to buy or sell any securities or other financial instruments, tout stocks or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person.
6. UNSOLICITED BULK COMMUNICATIONS
- 6.1 Unsolicited Bulk Communications Prohibited: You may not use any Service, including but not limited to e-mail, instant messaging, voice, fax, and chat, to send unsolicited bulk communications. You may not authorize others to use Your Account or sub- or linked-accounts to send unsolicited bulk communications or cause unsolicited bulk communications to be sent by someone else. Creating multiple User Ids and Accounts for the purposes of sending unsolicited bulk communications, such as "spam" or "spim," is prohibited.
- 6.2 Collection of User Ids and Other Information: You may not harvest or collect information about our users from any Services for the purpose of sending unsolicited bulk communications.
- 6.3 Termination and Legal Action: Any violation of these provisions may result in immediate termination of Your Account and further legal action. You agree that we may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our networks.
7. USE OF CONTENT
- 7.1 Ownership of Content: We and our suppliers and members who lawfully post content on AOL Services own the property rights to that content.
- 7.2 Content Protected by Copyright: Content is protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that You will not take any action to interfere with our or our Suppliers' or members’ ownership of rights in content and You will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.
- 7.3 Use of Content: You may use any content available on our Services, but only for personal, non-commercial purposes. You may be given the opportunity to download certain content such as music and photos, but You may do so only to the extent authorized for that particular content and only for Your personal use. You may not use the content in a manner that exceeds the rights granted for Your use of the content, which includes unauthorized copying or distribution of the content or creating an unauthorized derivative work.
- 7.4 No Prescreening of Content. We do not pre-screen content and you agree that we have no obligation to pre-screen content, although we may do so in our sole discretion. The inclusion of directories, search results, links, and other content in our Services does not mean that we endorse any content, individual, company, product, or other thing or entity in those Services. You acknowledge that we have no control or responsibility for content available on the Internet, although we reserve the right to block access to any Internet area containing illegal or other harmful content being used for purposes that are unlawful or injurious to our users or us. You acknowledge that third-party sites on the Internet may have their own terms and conditions that govern Your use of those sites.
- 7.5 Disclaimer: We are not liable for content that is provided by others. We make no representations or guarantees that all content on the Services is suitable for all users of all ages. The content provided on the Service (including content posted by users) are for general information, discussion and entertainment purposes only. We make no representations or guarantees on the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any content on the Service. We do not endorse any opinions expressed by any users. We are not an investment company and none of our Services are intended to provide personalized investment advice. Nothing contained on the Services shall constitute (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. THE MATERIALS ARE POSTED "AS IS" AND YOU USE OR RELY ON SUCH MATERIALS SOLELY AT YOUR OWN RISK. YOU AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU IF YOU RELY ON ANY INFORMATION PROVIDED ON THE SERVICES TO YOUR DETRIMENT.
- 7.6 Violation of the Copyright and Trademark Policy: We respect the intellectual property rights of others. All violations of the Copyright and Trademark Policy should be reported in the manner and to the person specified in the in the instructions provided at Reporting Violations of the Copyright and Trademark Policy. [Insert link]
8. OUR SERVICES
- 8.1 Changes to or Discontinuation of Services: We, in our sole discretion, may change or discontinue any or all aspects of the Services without notice, including access to support services, content and other products or services ancillary to the Services.
9. ACCESS CHARGES AND MOBILE SERVICES
- 9.1 Responsibility for Expenses: You are responsible for obtaining and maintaining at your expense all equipment and services needed to access our Services.
- 9.2 About Mobile Services: We may offer certain Services through mobile or wireless devices ("Mobile Services"). Mobile Services are for general audiences only. We may discontinue or change any Mobile Service or feature in any Mobile Service at any time and without notice.
- 9.3 Charges for Mobile Services: We generally do not charge You to use most Mobile Services. However, standard wireless phone rates may apply when You use our Mobile Services, including charges for text messaging and data.
- 9.4 Advertising: Mobile Services are supported by advertising revenue. In consideration for Your use of our Mobile Services, You consent to our placements of such advertising.
- 9.5 Registration for Text Messaging: Registration for text messaging services will be subject to supplemental terms and instructions on how You can discontinue such text messaging services. In the event You subscribe to any text messaging services from us, we will provide You with instructions on how You can opt out of receiving such text messages from us.
- 9.6 Access: You must provide at Your own expense the equipment and wireless connections that You will need to use Mobile Services. We do not guarantee that our Mobile Services can be accessed through all wireless devices or wireless service plans. We do not guarantee that our Mobile Services are available in all geographic locations.
- 9.7 Costs of Mobile Access: You acknowledge that when You use our Mobile Services, Your wireless carrier may charge You standard fees for data, messaging and other wireless access. Check with Your carrier to verify whether there are any such fees that may apply to You. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OUR MOBILE SERVICES THROUGH YOUR MOBILE DEVICE.
10. SOFTWARE LICENSE
- 10.1 License: We and our suppliers grant You a personal, non-exclusive, non-transferable, limited license to install any provided software on any computer or device from which You wish to access our Services and to use the software to connect to and use our Services in accordance with this TOS.
- 10.2 Automatic Upgrades: We occasionally will provide automatic software and technology upgrades to improve Your experience although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.
- 10.3 Limited to Accessing Our Services: You may only use the software to access and use our Services.
- 10.4 Copying, Selling, Reverse Engineering Prohibited: You may not copy the software except to install it on Your computer or other devices. You may not sell the software or incorporate it (or any portion of it) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the software in any way or remove proprietary notices in the software.
- 10.5 Reverse Engineering of Communication Protocols Prohibited: You may not obtain the communications protocol for accessing our Services unless expressly authorized by us.
- 10.6 Laws and Regulations: You agree to abide by all laws and regulations in effect regarding Your use of the Software and our Services. You may not authorize or assist any third party to do any of the things described in this section.
- 10.7 Commercial Item: The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.
- 10.8 Export Laws: You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Software subject to restrictions under such laws to a national destination prohibited under such laws, or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization.
11. TERMINATION AND CANCELLATION OF A SUBSCRIPTION OR SERVICE
- 11.1 Cancelling a Subscription: Either You may cancel or we may terminate a Subscription at any time. We may also terminate your User Id and access to the Services immediate if we believe in our sole discretion that you have violated this TOS.
- 11.2 No Access After Cancellation or Termination: You understand and agree that You no longer will have access to any of the Services upon termination.
12. DISCLAIMER OF WARRANTIES
- 12.1 DISCLAIMER: YOUR USE OF THE SERVICES, SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. WE AND OUR SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, SERVICES, OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WE PROVIDE THE AOL SERVICES AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA
13. LIMITATION OF LIABILITY
- 13.1 LIMIT ON REMEMDIES: OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY US SHALL BE THE REPLACEMENT OF ANY SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED IN SECTION ??. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
- 13.2 LIMITS ON LIABILITY: WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SERVICES, SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AOL HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AOL AND ITS SUPPLIER'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY US, WE AND OUR SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH US AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- 14.1 Indemnification: Upon a request by us, You agree to defend, indemnify and hold harmless us and our suppliers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of this TOS for which You are responsible or from the use of the Services or Internet, or in connection with Your transmission of any Content on the Services.
- 14.2 Defense and Control of Claims: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. In that event, You shall have no further obligation to provide indemnification for us in that matter.
15. GENERAL LEGAL TERMS
- 15.1 Supplemental Terms: This TOS, as published on the Services, the terms of any offer terms provided at registration, and any supplemental terms for specific Services constitute the entire and only agreement regarding Your Account and any Subscriptions.
- 15.2 Entire Agreement: This TOS supersedes all representations, agreements and other communications regarding Your Account. Only we can amend this TOS by posting the changes on the Services.
- 15.3 Severability: If any term of this Member Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the term shall be considered to be stricken from this TOS as if it had not been included from the beginning and the remainder of this TOS enforced according to its terms.
- 15.4 No Rights Conferred on Third-Parties: You agree that this TOS is not intended to confer and does not confer any rights or remedies from us upon any person other than You. You also agree that the Community Guidelines and other guidelines posted on the Services, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.
- 15.5 Assignment: We may assign this contract at any time without notice to You. You may not assign this contact to any one else.
- 15.6 Choice of Law and Location for Resolving Disputes: You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us resides in and will be resolved by a state or Federal court located in the Commonwealth of Virginia, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
- 15.7 Electronic Delivery Policy and Your Consent: By registering for a Service, You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with any Service electronically from us (collectively, "Notices"). You agree that we generally can send You electronic Notices by (i) e-mail to Your e-mail address on a domain owned by us or an alternative e-mail address provided by You at registration, and/or (ii) by "pop up notice" on a Service and/or by (iii) posting the Notices on a main page or channel page of the relevant Service. You agree that certain supplemental or enhanced services made available to You may also have their own Notice procedures. In order to receive Notices electronically, You must have a personal computer, with Windows or Mac OS, with a modem connected to a communications source (telephone, wireless or broadband) to access Notices from us. You will need a printer attached to Your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this TOS at AOL Keyword: TOS. The delivery of any Notice from us is effective when sent by us, regardless of whether You read the communication or when You receive it.
You may withdraw Your consent to receive notices electronically by calling or by sending a fax or letter to Customer Service at the address and phone number listed at AOL® Keyword: Cancel, or, on the Internet, go to changeplan.aol.com. Your withdrawal of any consent to receive notices electronically shall apply effective on the date that we receive notice of your election, and will not apply retroactively. However, if You choose to withdraw consent, we may terminate Your Account and any Subscriptions.
- 15.8 Effect of Electronic Registration: All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Last Updated: 09/08/2009