AMF Bowling Centers, Inc. ("AMF") offers the "The Great AMF Photo
Search" Promotion (the "Promotion") for your personal
entertainment.
Please read these Terms of Use carefully before participating
in the Promotion. If you do not accept these Terms of Use, then you
may not participate in the Promotion. By submitting material to or
otherwise participating in this Promotion you agree to be bound by
these Terms of Use. These Terms of Use are subject to change by AMF
at any time, effective when posted on the
www.amf.com/AMFPhotoSearch. Your continued use after such notice
will constitute acceptance by you of such changes.
We have no intention of collecting personally identifiable
information, including photographs, from children under the age of
18. In order to submit any personally identifiable information in
connection with the Promotion, you must be at least 18 years old
and have achieved the age of majority in your state of
residence.
Overview. The Promotion invites you to submit your photographs of
you, your family and/or friends bowling at an AMF bowling center
(each, a "Material" and collectively, "Materials").
This Promotion is for your sole personal and non-commercial use.
Your use of the Promotion is subject to these Terms of Use, and all
applicable laws, rules and regulations and any agreements or terms
with third parties to which you are subject.
You represent and warrant that: (i) you are at least 18 years old
and have reached the age of majority in your state of residence;
(ii) the Material that you submit is original and was created
solely by you or, if you are not the creator of the Material, that
you have permission from the copyright owner of the Material to
allow you to submit the Material in connection with the Promotion;
(iii) the Material you submit is of you alone and not any third
party and if the Material does depict any third party, you have the
necessary written permission to use and to allow AMF to use such
third party's likeness in connection with the Promotion (and that
you will provide such written permission to AMF upon AMF's
request); (iv) the Material does not incorporate any material that
is owned by anyone other than you (including, for example and
without limitation, any artwork, photography text, copy, trademarks
or logos owned by anyone other than you), or that you have obtained
all rights necessary to allow you to grant to AMF the rights
granted herein (and that you will provide written evidence of any
such grant of rights to AMF upon AMF's request); and (v) neither
the Material, nor the use of the Material by AMF in accordance with
the terms hereof will infringe upon or violate the intellectual
property rights, including without limitation, copyright and
trademark rights, and/or other rights of any other person or
entity, including without limitation right of privacy and right of
publicity or any applicable laws.
You acknowledge and agree that you are solely responsible for any
and all Materials that you upload and any related content uploads,
captions, tags, emails, and/or other communications disseminated in
connection with the Promotion (collectively, "Content") and agree
that you will not hold AMF or its employees, agents, affiliates,
successors or assigns responsible or liable for any Content that
you access on or provide in connection with the Promotion.
The Content that you submit, including without limitation, the
Materials, must not contain any material that:
• is inaccurate, false or misleading in any way;
• is defamatory, abusive, obscene, profane or offensive;
• promotes the use of alcohol, tobacco, firearms or
ammunition;
• infringes or violates another party's intellectual property
rights (such as uploading Materials for which you do not have
written authority from the owner of such Materials, or any
materials depicted therein, to post in connection with the
Promotion);
• violates any party's right of publicity or right of
privacy;
• is threatening, harassing or that promotes racism, bigotry,
hatred or physical harm of any kind against any group or
individual;
• is illegal or promotes any illegal activities;
• disparages or otherwise references AMF, and/or competitors of
AMF;
• contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
• contains any advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation; or
• contains any telephone numbers, street addresses, last names,
email addresses, employment information, or any other non-public
information of any third party.
You may not use any automated means to catalog, download or
otherwise reproduce, store or distribute content available as part
of the Promotion or to manipulate the Promotion or any related
website or application. You may not take any action to interfere
with, or disrupt, the Promotion or any other user's participation
in the Promotion, including, without limitation, circumventing
security or user authentication measures or attempting to exceed
the limited authorization and access granted to you under these
Terms of Use. You may not resell use of, or access to, the
Promotion to any third party without AMF's prior written
consent.
The Promotion may provide you with links to other websites,
services, products or content of third parties. You acknowledge and
agree that you access such websites, services, products or content
at your own risk and that AMF is not responsible for material made
available to you by these third parties. We encourage you to review
and comply with the policies made available to you by such third
parties.
No Content Monitoring. AMF is under no
obligation to screen or monitor Content, but may review Content
from time to time at its sole discretion to review compliance with
these Terms of Use. AMF will make all determinations as to what
Content is appropriate in its sole discretion. AMF may include,
edit or remove any Content, including without limitation any
Material, at any time without notice.
Your License to AMF. By submitting your
Material in connection with the Promotion, you hereby irrevocably
grant to AMF the unlimited, perpetual, worldwide, irrevocable,
sublicensable, assignable, royalty free right to use, redact,
republish, modify, crop, adapt, edit, copy, create derivative works
of, perform, distribute or otherwise modify your Content (including
but not limited to any Materials) including any intellectual
property contained therein, together with your name, image,
picture, portrait, likeness, hometown (city and state) and
biographical information in any and all media in perpetuity for any
lawful purpose (including without limitation for the purposes of
advertising, marketing and promotion of AMF and/or its products and
services), without additional payment or compensation to you, and
without seeking any further approval from you.
Termination of Access. In addition to any
right or remedy that may be available to AMF under these Terms of
Use or applicable law, AMF may suspend, limit or terminate your
access to the Promotion or any related website or application, at
any time with or without notice and with or without cause. In
addition, AMF may refer any information on illegal activities,
including your identity, to the proper authorities.
Privacy. The privacy of your personally
identifiable information is very important to us. For more
information on what information we collect and how we use such
information, please read our Privacy Policy located at
http://www.amf.com/privacy.
Our Proprietary Rights. AMF and/or its
licensors are the exclusive owners of all copy, software, graphics,
designs and all copyrights, trademarks and other intellectual
property or proprietary rights contained as part of or used in
connection with the Promotion. Except as set forth herein, you
agree not to copy, distribute, modify or make derivative works of
any materials without the prior written consent of the owner of
such materials. All rights not granted under these Terms of Use are
reserved by AMF and/or its licensors.
Indemnity/Release. You agree to defend,
indemnify and hold harmless AMF, its advertising and promotions
agencies and their respective parent companies, affiliates and
subsidiaries and each of their officers, directors, employees,
business partners and agents (the "Released Parties"), from and
against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorneys' fees) arising from: (i) any breach or alleged breach
by you of any of these Terms of Use, (ii) the use of the Content
(including without limitation the Materials), (iii) the use of your
name, image, and likeness, (iv) your use of materials or features
available in connection with the Promotion and (v) a violation by
you of applicable law or any agreement or terms with a third party
to which you are subject. Furthermore, you hereby release and hold
harmless the Released Parties from any and all actions, claims,
demands, damages, expenses, including costs and attorneys' fees,
losses, liabilities, causes of action or suits of whatever kind or
nature, arising out of or related to the use of the Material
including, without limitation, all claims arising out of or based
upon copyright infringement, trademark infringement,
misappropriation, invasion of privacy, defamation, right of
publicity and/or any blurring, alteration, editing, morphing,
distortion, illusionary effect, faulty reproduction,
fictionalization, or use in any composite form of your name, image
or likeness and/or the Materials.
Disclaimer of Warranties. THE PROMOTION,
INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED IN CONNECTION
WITH THE PROMOTION, IS PROVIDED "AS IS" AND AMF MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT OF THE PROMOTION OR ANY RELATED WEBSITE OR APPLICATION.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AMF DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. AMF DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED AS PART OF THE PROMOTION OR ANY RELATED MATERIALS OR
CONTENT WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROMOTION OR THE SERVER
THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR THE USE OF
THE PROMOTION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY
ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT
WILL THE RELEASED PARTIES BE LIABLE UNDER ANY THEORY OF TORT,
CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL
DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF
COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF
WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF
WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THESE WARRANTY
DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR
UNENFORCEABLE FOR ANY REASON OR IF THE RELEASED PARTIES ARE
OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN THE
AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR
LIABILITIES, SHALL NOT EXCEED FIVE DOLLARS (USD $5).
Governing Law. The laws of the state of
Virginia shall govern these Terms of Use. You hereby expressly
consent to the exclusive jurisdiction and venue in the courts
located in the state of Virginia, for all matters arising in
connection with these Terms of Use and/or the Promotion.
Digital Millennium Copyright Act ("DMCA")
Notice. Materials may be made available via the
Promotion by third parties not within our control. We are under no
obligation to, and do not, scan content used in connection with the
Promotion for the inclusion of illegal or impermissible content.
However, we respect the copyright interests of others. It is our
policy not to permit materials known by us to infringe another
party's copyright to remain on any website or application related
to the Promotion.
If you believe any material transmitted in connection with the
Promotion infringes a copyright, you should provide us with written
notice that at a minimum contains:
(i)A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed;
(ii)Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative
list of such works at that site;
(iii)Identification of the material that is claimed
to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the
material;
(iv)Information reasonably sufficient to permit us to
contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which the
complaining party may be contacted;
(v)A statement that the complaining party has a good
faith belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law;
and
(vi)A statement that the information in the
notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as
follows:
AMF Bowling Centers, Inc.
Attn: DMCA Designated Agent
2828 Routh St #300
Dallas, TX 75201
214-749-0080
amfphotos@hawkeyeww.com
It is our policy to terminate relationships regarding content with
third parties who repeatedly infringe the copyrights of
others.
Intellectual Property Violations Not Covered by the
DMCA. AMF respects the intellectual property rights
of others. It is AMF's policy not to permit materials known by AMF
to infringe another party's intellectual property rights to remain
on any website or application related to the Promotion. If you
believe any material transmitted in connection with the Promotion
infringes a non-copyright (which is addressed in the DMCA Notice
Section above) intellectual property right, you should provide AMF
with written notice that at a minimum contains those requirements
set forth above in the DMCA Notice Section above with respect to
the intellectual property at issue. Such information should be sent
to AMF's designated agent as follows:
AMF Bowling Centers, Inc.
Attn: DMCA Designated Agent
2828 Routh St #300
Dallas, TX 75201
214-749-0080
amfphotos@hawkeyeww.com
Severability. If any part of these Terms of
Use shall be held or declared to be invalid or unenforceable for
any reason by any court of competent jurisdiction, such provision
shall be ineffective but shall not affect any other part of these
Terms of Use.
Waiver; Remedies. The failure by us to
partially or fully exercise any rights or the waiver of any breach
of these Terms of Use by you, shall not prevent a subsequent
exercise of such right by us or be deemed a waiver by us of any
subsequent breach by you of the same or any other term of these
Terms of Use. Our rights and remedies under these Terms of Use
shall be cumulative, and the exercise of any such right or remedy
shall not limit our right to exercise any other right or
remedy.
International Access. Our Promotion is
provided from the United States of America and all servers that
make it available reside in the U.S.A. We make no representations
regarding the legality of this Promotion in any other country and
it is your responsibility to ensure that your use complies with all
applicable laws outside of the U.S.A.
Contact Information. Should you have any
questions you may contact us as follows:
By email:
amfphotos@hawkeyeww.com
By mail:
AMF Bowling Centers, Inc.
Attn:
Marketing Department
7313 Bell Creek Road
Mechanicsville, VA 23111
Terms of Use are effective and were last updated on:
October 15, 2012
The Great AMF Photo Search uses the Instagram™ API and is not
endorsed or certified by Instagram or Burbn, inc. All Instagram™
logos and trademarks displayed on amf.com/photosearch are property
of Burbn, inc."
The Great AMF Photo Search is not endorsed or certified by
Flickr.