AMF PHOTO SEARCH INSTRUCTIONS AND TERMS OF USE

TERMS OF USE
AMF Photo Search - PDF Icon Image Release Form


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."

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