Agreement

Agreement for AAGrapevine.org Usage, Grapevine Online Subscription & Grapevine Story Archive Subscription

 

The following usage and subscription agreement terms and conditions, consisting of the provisions below and the terms of the Privacy Policy and Reprints Policy, each of which are referenced below and incorporated herein as part of such usage or subscription agreement terms and conditions (the “Agreement”), govern your use of aagrapevine.org, subscription to Grapevine Online, “GVO” and/or Grapevine Story Archive subscritption or “Archive”. AAGrapevine.org, the GVO and Archive are made available by AA Grapevine, Inc., (“Grapevine” or “we” or “us” or “our”) to you as a user of our website (“you” or “your”). AA Grapevine, Inc. may change the Agreement from time to time, and at any time, with or without notice to you, by email or by other notice to you or by posting such changes on or through the AAGrapevine.org, in the GVO and/or Archive. BY USING OR SUBSCRIBING TO ANY OR ALL OF AAGRAPEVINE.ORG, GVO OR The ARCHIVE , YOU ACCEPT AND AGREE TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ALL POLICIES REFERENCED HEREIN, AS APPLIED TO YOUR USE OF THE AAGrapevine.org, GVO and Archive. If you do not agree to this Agreement, you may not access or otherwise use AAGrapevine.org, GVO and Archive . By using or subscribing to the AAGrapevine.org, GVO and/or  Archive following any modifications to this Agreement, you agree to be bound by any such modifications.

1. OWNERSHIP AND USE OF WEBSITE, ONLINE SUBSCRIPTON OR ARCHIVE CONTENT

1.(a) AAGrapevine.org, the GVO and Archive are protected by copyright as  collective works or compilations under the copyright laws of the United States and other countries. All individual articles, content, and other elements comprising AAGrapevine.org, GVO and the Archive are also copyrighted works whether published in print or online by all means or in any media now known or hereinafter developed, throughout the world. You agree to abide by all additional copyright notices or restrictions contained on AAGrapevine.org,  GVO and Archive . As between you and AA Grapevine, Inc., we own, solely and exclusively, all rights, title, and interest in and to AAGrapevine.org, GVO and Archive , all the content, code, and materials thereon or therein, the look and feel, design, and organization of AAGrapevine.org, GVO and Archive , and the compilation of the content, code, data, and materials on or in theAAGrapevine.org, GVO and Archive , including, but not limited to, all intellectual property and proprietary rights therein or thereto. Your use of the AAGrapevine.org, GVO and Archive do not grant to you ownership of any content, code, data, or materials you may access on or through the AAGrapevine.org, GVO and Archive. You may view content on or in AAGrapevine.org, GVO and Archive solely for lawful purposes on a single personal computer and make single copies or prints of the content from the AAGrapevine.org, GVO and Archive for your individual use only, and as further provided in our AA Grapevine, Inc., Website Copyright and Reprints Policy (“Reprints Policy”), to which Reprints Policy you agree at all times to fully comply in connection with your use of AAGrapevine.org, GVO and Archive. You may not otherwise copy, reproduce, distribute, post, republish, enter into a database, display, modify, create derivative works from, transmit, or otherwise exploit all or any portion of any content, code, data, or other materials on or through the AAGrapevine.org, GVO and Archive. Any commercial use or exploitation of the AAGrapevine.org, GVO and Archive is strictly prohibited. If you make other use of the AAGrapevine.org, GVO and Archive or any content thereon or therein, except as otherwise provided above, you will be in material breach of this Agreement and may violate copyright and other laws of the United States or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to you or any of our users of our trade names, trademarks, or service marks, other than may be set forth in the Reprints Policy.

1.(b) You may use the contents of AAGrapevine.org, GVO and/or Archive solely for your personal, noncommercial purposes. You may copy content from  AAGrapevine.org, the GVO and/or Archive solely as provided herein and in the Reprints Policy provided however, that as stated in such Reprints Policy, and except as may be expressly permitted therein, in no event may you reprint or otherwise copy any cartoons contained on or in AAGrapevine.org, GVO and/or Archive.

1.(c) AAGrapevine.org, GVO and Archive have been specially designed for presentation of content in a unique format and appearance for you and our other users. Without limiting the provisions of Sections 1(a) or 1(b), neither you nor any third party shall make use of the contents of AAGrapevine.org,  GVO and/or Archive including articles, artwork or logos, in any manner, including, without limitation, any manner that constitutes an infringement of any of our intellectual or proprietary rights, other than as expressly set forth in this Agreement, including any of our policies referenced herein.

1.(d) You acknowledge and agree that your access to and use of  AAGrapevine.org, GVO and Archive are also subject to the Privacy Policy.

1. (e) We reserve the right, for any reason, at our sole discretion, to terminate, change, suspend, or discontinue any aspect of AAGrapevine.org, GVO and/or Archive, including, but not limited to, content, services, features or hours of availability. We may also impose limits on certain features of AAGrapevine.org, the GVO and/or Archive or restrict your access to part or all of AAGrapevine.org, GVO and/or Archive without notice or penalty.

2. PROTECTION OF THE WEBSITE, ONLINE SUBSCRIPTON OR ARCHIVE CONTENT

2. You warrant and agree that, while using the AAGrapevine.org, GVO and Archive , you shall not (i) upload, post or transmit to or distribute or otherwise introduce through AAGrapevine.org, GVO and Archive any virus or other harmful component or any materials that contain a virus or other harmful component, or (ii) use AAGrapevine.org, GVO and Archive in any manner that could damage, disable, overburden, or impair AAGrapevine.org, GVO and/or Archive or interfere with any other party’s use and enjoyment of AAGrapevine.org, GVO and/or Archive You agree to indemnify and hold harmless AA Grapevine, Inc., its affiliates, directors, officers, managers, employees, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys fees, resulting from any violation of any law, rule or regulation, breach of this Agreement or the failure to fulfill any obligations relating to use of AAGrapevine.org, your GVO subscripiton and/or Archive subscription incurred by you or any other person using your Archive subscription, or any use by you or by any other person using AAGrapevine.org, your GVO subscription and/or your Archive subscription. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 2. In such event, you shall provide us with such cooperation as is reasonably requested by us.

3. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

3.(a) AAGRAPEVINE.ORG, GVO, AND ARCHIVE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT AAGRAPEVINE.ORG, GVO, AND ARCHIVE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN OR THEREON WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE AAGRAPEVINE.ORG, GVO, AND ARCHIVE WILL MEET YOUR OR ANY OTHER USERS REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR ON, IN, OR THROUGH THE DA SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, US NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE AAGRAPEVINE.ORG, GVO, AND/OR ARCHIVE, YOUR SOLE REMEDY IS TO DISCONTINUE USING AAGRAPEVINE.ORG, GVO, AND/OR ARCHIVE

3.(b) IN NO EVENT SHALL AA GRAPEVINE, INC., OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, AAGRAPEVINE.ORG, GVO, AND ARCHIVE OR THE CONTENT, MATERIALS, SERVICES, AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL ANY OF THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON, IN, OR THROUGH AAGRAPEVINE.ORG, GVO, AND/OR ARCHIVE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ANY OR ALL OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE ARCHIVE EXCEED, IN THE AGGREGATE, $50.00.

4. REGISTRATION AND SECURITY GUIDELINES

4.(a) As part of the registration process, you will select a password and a subscriber ID. You also must provide to Grapevine certain registration information, all of which must be complete and accurate and updated by you if any such information changes. You may not (i) select or use a password or subscriber ID of another person with the intent to impersonate that person; (ii) use a password or subscriber ID in which another person has rights without such persons prior authorization or allow any other person to use your password or subscriber ID without your prior authorization; or (iii) use a password or subscriber ID that AA Grapevine, Inc., at its sole discretion, deems offensive or otherwise unusable. Failure to comply with the foregoing shall constitute a material breach of this Agreement, which may result in immediate termination of your GVO or Archive subscription. You shall be solely responsible for maintaining the strict confidentiality of your password and subscriber ID.

4.(b) You are responsible for all usage or activity on your GVO or Archive subscription, including use of the GVO or Archive subscription by any unauthorized third party or by any third party authorized by you to use your subscriber ID and/or password. You shall immediately notify AA Grapevine, Inc., at [email protected] of any known or suspected unauthorized use(s) of your GVO or Archive subscription, or of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or subscriber ID or credit card information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your GVO or Archive subscription, at AA Grapevine, Inc.,’s sole discretion, and AA Grapevine, Inc., may refer you or the matter to appropriate law enforcement agencies.

4.(c) You will be responsible for all charges incurred while your GVO or Archive subscription is being used. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.

5. FEES AND PAYMENTS

5. AA Grapevine, Inc., reserves the right at any time to modify the fees for access to or other services or features offered in connection with GVO or Archive. If you do not agree to pay such modified fees, you may, as your sole and exclusive remedy and as our sole and exclusive liability, cancel your subscription to GVO or Archive. AA Grapevine, Inc., generally provides GVO or Archive subscribers with reasonable advance notice of such modified fees and an opportunity to cancel GVO or Archive subscription before such charges are imposed. You shall pay all fees and charges incurred through your GVO or Archive subscription at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you by credit card when you subscribe to the GVO or Archive You shall pay any and all applicable taxes relating to your subscription to or use of the GVO or Archive.

6. TERM AND TERMINATION

6.(a) This Agreement shall be effective as of the date you subscribe to the GVO or Archive, and it shall remain in effect unless and until terminated as provided herein. This Agreement may be terminated by either party for any reason at any time.

6.(b) You may terminate your GVO or Archive subscription and this Agreement at any time by sending an email notice to: [email protected].

6.(c) AA Grapevine, Inc. may, at its sole discretion, terminate, or suspend your access to all or part of the Archive and this Agreement for any reason, including, without limitation, your violation of any law, rule, or regulation or breach or assignment of this Agreement.

6.(d) Upon our termination of your GVO or Archive subscription, we will send you an email notice, and thereafter your access to your GVO or Archive subscription will be deactivated. You are responsible for any and all charges incurred up to the time the GVO or Archive subscription is deactivated. Upon deactivation of your GVO or Archive subscription you will cease to access or to use the Archive. Sections 1(a), 2, 3, 6(d) and 7 of this Agreement shall survive any termination of this Agreement.

7. MISCELLANEOUS

7.(a) This Agreement has been made in and shall be construed, enforced, and governed in accordance with New York State law. Any action to enforce this Agreement shall be brought in the federal or state courts located in, and you agree to submit to the personal and exclusive jurisdiction of the courts located within, New York City. Our failure to exercise or to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of AAGrapevine.org, GVO and/or Archive or this Agreement must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

7.(b) Copyright Act Agent. Grapevine respects the intellectual property rights of others, and requires that those who use the AAGrapevine.org, GVO and Archive  do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• Your written statement that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• Your written statement made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.