Terms & Conditions | American Eagle Foundation

Terms and Conditions of Use

By using this website, you agree to these Terms and Conditions of Use (“Terms and Conditions”). If you do not agree to these Terms and Conditions, you may not use this website or any Content (as such term is defined below). AEF reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued access and/or use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, AEF grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Introduction

Welcome to the American Eagle Foundation’s website. This site (“Website”) is created and operated by the non-profit American Eagle Foundation (“AEF,” “us,” or “we”). Through the Website, you may have access to a variety of resources and content. These include, but are not limited to: Web pages, data, text, images, photographs, graphics, audio and video, and documents such as press releases, and news, (collectively, “Materials”). Materials and other information, content and services are collectively referred to as “Content.”

The following are terms of a legal agreement between you and AEF. In these Terms and Conditions, “you” means you personally if you will exercise the license and/or rights granted for your own benefit, but “you” means your company (or you on behalf of your company) if you will exercise the license and/or rights granted for your company’s benefit. By accessing or using the Website or the Content provided on or through the Website, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Website and the Content provided on or through the Website and our Privacy Policy, which is incorporated and made part of these Terms and Conditions by this reference.

AEF may change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature, database, or Content. AEF may also impose limits on certain features or restrict your access to parts or all of the Website or the services provided without notice or liability.

Privacy Policy

We respect your privacy. A copy of AEF’s Privacy Policy is located here. Please review this policy carefully since it describes, among other things, how we collect, use, share, transmit, process, transfer, store and secure information obtained when you access and use the Website. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information, and you agree to keep it up to date.

In the event that there exists any inconsistency between these Terms and Conditions and the Privacy Policy, the terms of the Privacy Policy shall control.

Terms Applicable to Specific Content and Areas of the Site

Some areas of the Website or Content provided on or through the Website may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Website or Content. If there is a conflict or inconsistency between these Terms and Conditions and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Website or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Website or Content.

Eligibility

The Website (www.eagles.org) is a General Audience website that may attract the attention of younger audiences due to its educational content (such as our live nest cams). AEF does not knowingly collect personally identifiable information from users under the age of thirteen (13). Any information submitted by such users will not knowingly be used, posted or retained by us without parent or guardian consent. A copy of AEF’s Children’s Privacy Policy is located here.

Use of the Website or the services provided therein is void where prohibited.

Registration & Security

In consideration of your use of the Website, you agree:

• to provide accurate, current and complete information about you as may be prompted by any profiles or registration forms on the Website;
• to maintain the security of your password and identification;
• to maintain and promptly update your profile information, and any other information you provide to AEF, to keep it accurate, current and complete; and
• to be fully responsible for all use of your account and for any actions that take place using your account.

In accessing and using various Website features, you may create a password and account designation upon completing your profile or another registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify AEF of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. AEF cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at AEF’s sole discretion, and AEF may refer you to appropriate law enforcement agencies.

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Website. You may also provide information to the Site in other contexts, including, for example, in order to sign up for a AEF mailing list, to receive information and notifications, to register for AEF events, to subscribe to AEF publications and newsletters, or to enter into a sweepstakes, promotion, or contest. When you use or visit the Website or provide information to the Website in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages.

You agree not to: (a) access or use the Website in any manner that could damage, disable, overburden, or impair any of AEF’s accounts, computer systems or networks; (b) gain unauthorized access to any parts of the Website or any of AEF’s accounts, computer systems or networks; (c) interfere or attempt to interfere with the proper working of the Website or any of AEF’s accounts, computer systems or networks; or (d) use any robot, spider, scraper or other automated means to access the Website or any of AEF’s accounts, computer systems or networks without AEF’s express written permission.

If you open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Website are restricted to authorized users only. You agree not to share your password(s), account information, or access to the Website with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Website. You agree to notify AEF immediately of any use of your password(s) or account(s) that you did not authorize or that is not authorized by these Terms and Conditions. AEF may access, refuse service, or cancel orders in respect of, place restrictions on, remove or edit content in, or terminate your account if AEF suspects any information provided by you is untrue, inaccurate, incomplete, not current, misleading, or fraudulent

Limitation of Liability

To the fullest extent permitted under law, the AEF will have no obligation or liability (whether arising in contract, warranty, tort, negligence, product liability, or otherwise) for any direct, incidental, indirect, punitive, special, or consequential damages or liabilities (including, but not limited to, lost profits, loss of income, revenue, goodwill, reputation or savings, loss or unavailability of or damage to data, content or software restoration), even if advised of the possibility of such damages or liabilities, arising from your access to, or use of, the site or any content provided on or through the site, or arising under these terms of use. No action, regardless of form, arising out of or in connection with these terms of use or your access to, or use of, the site or any content, may be brought by or through you more than one (1) year after the first to occur of: (i) the termination or expiration of these Terms and Conditions; or (ii) the event giving rise to such cause of action.

Disclaimer of Warranties

You expressly understand and agree that your use of this website and the services offered at the website is at your sole risk. The website is provided on an “as is” and “as available” basis. AEF expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. AEF makes no warranty that: (a) the site or content will meet your requirements; (b) the site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the site or any content provided on or through the site will be accurate or reliable; or (d) the quality of any content obtained by you on or through the site will meet your expectations. Any voluntary activities AEF or any of its third party providers may perform for or on behalf of you at your request and without any additional charge are provided “as is” with all faults.

Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

AEF reserves the right to make changes or updates to, and monitor the use of, the site and content provided on or through the site at any time, for any reason and without notice.

Exclusions and Limitations

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities. To the extent that they are held to be legally invalid, disclaimers, exclusions and limitations set forth in these Terms and Conditions, including those set forth in the “Limitations of Liability” and “Disclaimer of Warranties” Sections above, AEF shall be entitled to the maximum disclaimers and limitations permitted; provided, however, in no event shall such AEF total liability to you exceed in the aggregate, the amount, if any, paid by you to AEF for your access to or use of our site and all other terms shall remain in full force and effect.

Export Restrictions/Legal Compliance

You may not access, download, use or export the Website, or the Content provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply at your sole expense with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of AEF in violation of any such restrictions, laws or regulations. Neither the services or products of AEF nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms and Conditions, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Availability of Products

Information on the Website may reference or cross-reference AEF products, programs, or services that might not be available in your location. Such references do not imply that AEF plans to make such products, programs, or services available in your location.

No Unlawful or Prohibited Use

You agree not to use the Website, or Content provided on or through the Website, for any purpose that is unlawful or prohibited by these Terms and Conditions or the rules, guidelines or terms of use posted for a specific area of the Website or Content provided on or through the Website.

Monitoring

AEF has no obligation to monitor the Website or screen Content that is Shared on or through the Website. However, you consent that AEF reserves the right to review the Website and Content and to monitor all use of and activity on the Website, and to add, revise, update, remove or choose not to make available on or through the Website any Content in its sole discretion. AEF may remove Content that is confidential, sensitive or proprietary to a third party without that third party’s permission.
Indemnity

You agree to defend, indemnify and hold AEF, and its affiliates, independent contractors, service providers, suppliers, licensors and consultants, and their respective officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Terms and Conditions, any user content you post, store or otherwise transmit on or through the Website, or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to the content, your conduct, or your violation of the rights of any third party.

You shall not, without the prior written consent of the AEF, settle or compromise any claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the AEF an unconditional release from all liability in respect of such claim. AEF reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully cooperate with the AEF in the defense of such matter.

Intellectual Property & Noncommercial Use Limitation

You may download, store, display on your computer, view, listen to, play and print Materials that AEF publishes or broadcasts on the Website or makes available for download through the Website subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; (c) the Materials may not be redistributed; and (d) that you retain all disclaimers, copyright and proprietary notices as they appear in such Materials.

In addition, you agree that such permission does not include: (a) any commercial use or any resale or redistribution of the Website or the site materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any site materials, (d) making any derivative uses of the Website and the site materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the site materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the site materials other than for its intended purpose. The permission granted herein is revocable at any time, with or without cause. Except as expressly stated herein, none of the site materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AEF or the copyright owner. The permission given to you terminates automatically if you breach any of the Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without AEF’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Website may violate applicable law (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).

Unless otherwise indicated in the Website, the Website and all content and other materials on the Website, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof are the proprietary property of AEF, licensors, or users and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

Proprietary Rights

All materials on this website (as well as the organization and layout of the website) are owned and copyrighted, licensed by, or used with permission that is granted to AEF. No reproduction, distribution, or transmission of the copyrighted materials at this website is permitted without the prior written permission of AEF.

Your Content

You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Website, Content that you have the right and authority to Share and for which you have the right and authority to grant to AEF all of the licenses and rights set forth herein. By Sharing Content, you grant AEF an unrestricted, worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit, distribute, manufacture, have manufactured, sell and exploit the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to display or distribute the Content as incorporated or embedded in any product or service distributed or offered by, for or on behalf of AEF without compensation or attribution to you. You warrant that: (a) you have the right and authority to grant this license; (b) AEF’s exercise of the license and/or rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.

You agree that you will neither use the Website in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer, systems, network or data. AEF may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.

AEF does not wish to receive confidential or sensitive information from you through or in connection with the Website. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential or sensitive information and shall be received and treated by AEF on a non-confidential and unrestricted basis and AEF shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in AEF’s Privacy Policy.

Notification of Copyright Infringement

DMCA – We respect the intellectual property rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).

Take-Down Notice – If you believe that your work has been infringed in connection with the Website, please provide written notification by regular mail or by fax (not via email or phone) to our Copyright Agent (contact information below) that contains all of the following elements:

(1) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

(2) A description of the copyrighted work(s) infringed;

(3) A description of where the content that you claim is infringing is located on the Website;

(4) Information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;

(5) A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Before you file the notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.

Counter-Notice – If you believe we disabled or removed access to your content as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below), which must contain all of the following elements:

(1) A physical or electronic signature of the subscriber;

(2) Identification of the content that was removed from the Site and the location of the Site on which the content appeared before it was removed;

(3) A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled;

(4) Information sufficient to permit us to contact you, such as your physical address, telephone number, and email address; and

(5) A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of Sevier County, Tennessee if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of the person.

Before you file a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court determines your counter-notification misrepresented that the content was removed by mistake. If you are unsure whether use of the content at issue constitutes infringement, please contact an attorney.

Copyright Agent
Collen IP
Intellectual Property Law, P.C.
The Holyoke-Manhattan Building
80 South Highland Avenue
Ossining, Westchester County, NY 10562 USA
Attention: Jess M. Collen, Esq.
By fax: (914) 941-6091
By telephone: (914) 941-5668

The Copyright Agent will not remove content from the Website in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit the notifications by fax or ordinary mail only and as further described by this section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that the infringement is occurring on the Website. All other inquiries directed to the Copyright Agent will not be responded to.

Links to Third Party Sites

This website may contain hyperlinks to websites operated by parties other than AEF or its affiliates. Such hyperlinks are provided for your reference or convenience only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because the AEF’s Privacy Policy is applicable only when you are on our website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

Additional Websites Subject to the Terms and Conditions

These Terms and Conditions shall apply to the following websites and all associated subdomains:

• www.dceaglecam.org
• www.americaneagleday.org
• www.savetheeagle.org
• www.americaneaglefoundation.com

Termination; Removal of User Content

Notwithstanding any of these Terms and Conditions, AEF reserves the right, without notice and in its sole discretion, to discontinue the Website or any services offered through the Website and to terminate your license to use and block your access to the Website at any time without notice. In addition, AEF reserves the right to delete, edit or modify any and all user content contained in the Website and any services offered through the Website at any time without notice. You agree that AEF shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Website or any Content, including Content that you may have Shared.

Severability/Waiver

If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Governing Law and Jurisdiction

These Terms and Conditions and your use of the Website are governed and construed in accordance with the laws of Tennessee, applicable to agreements made and to be entirely performed in Tennessee, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms and Conditions shall be filed only in the state and federal courts located in the state of Tennessee and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions and expressly waive any objection to that venue. You also agree to comply, at your expense, with all applicable local, state, federal and international laws and regulations, including, but not limited to, U.S. export restrictions that relate to your use or activities on this Website. To the fullest extent permitted by law, the controlling language, at all times, for these Terms and Conditions is English.

Questions & Contact Information

Thank you for your cooperation. Questions or comments regarding the Website should be directed by electronic mail to webmaster@eagles.org.

Notice to You

You provide your affirmative consent that we may notify you, at our discretion, by email, postal mail, postings within the Website, or other legally acceptable means.

Entire Agreement

This is the entire agreement between you and AEF and these Terms and Conditions supersedes any prior agreement between the parties related to the subject matter of these Terms and Conditions. No amendment or modification of these Terms and Conditions will be effective if made by you, unless in writing and duly signed by a duly authorized representative of AEF.

You hereby warrant and represent that either: (i) you will use the Content for your own benefit and personally accept, agree to and intend to be bound by these terms; or (ii) you are authorized to and intend to be bound by these terms on behalf of your company.

Headings are purely for reference and shall not affect the meaning of any term or condition.

All remedies set forth in these Terms and Conditions are cumulative and in addition to and not in lieu of any other remedy of AEF at law or in equity. Any provision which must survive to allow us to enforce its meaning shall survive termination. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated, duly executed and maintained in printed form.

Acknowledgement

You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Website and/or Content available at or through the Website.

Terms and Conditions Effective Date: These Terms and Conditions are effective May 2016.

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