Terms and Conditions

VIA Magazine Web site Terms and Conditions Effective: November 30, 2009

Please read this document and our Privacy Notice carefully. Your access to AAA.com/via (the “Site”) is subject to the following terms and conditions (the “Terms”), our Privacy Notice, and all applicable laws.

By visiting and using our Site, you indicate that you agree to be bound by these Terms, and you accept the practices described in our Privacy Notice.

Intellectual Property Rights
Non-Commercial Use Only
Prohibited Uses
Minors
Inbound Links
Outbound Links
Privacy and Security
User Content
Code of Conduct
Monitoring
Security
Indemnification
No Warranties
Limitation of Liability
Availability of Products or Services
Access to Member Areas
Changes to These Terms
Modifications or Termination of Site
Miscellaneous
Contact Information

Intellectual Property Rights

The text, graphics, photographs, videos, sounds, music, logos, trademarks, service marks and other material contained on this Site or presented to this Site (“Material”) are protected by copyright, trademarks, trade secrets, patents, and other intellectual property (“Intellectual Property”) laws, and other applicable laws. You are permitted to use the Material only as expressly stated in these Terms.

All right, title and interest (including all Intellectual Property Rights) in the Site, the Material, and the User Content provided on or through the Site are reserved. In addition, nothing contained in these Terms or on the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Material or User Content without our written permission.

Non-Commercial Use Only

You may download, view, listen to, copy, print, store, or display on your computer, any Material or User Content that we make available on the Site, subject to the following: the Material or User Content may (a) be used for your personal, non-commercial purposes; (b) not be modified or altered; (c) not be redistributed, except for limited distribution to friends and family.

You must retain all copyright, trademark, and other proprietary notices included in the Material and User Content, on any download, copy, or printout of the Material

Prohibited Uses

Except as specifically stated in these Terms, you may not use, download, upload, copy, modify, print, display, perform, reproduce, republish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works or exploit any Material, User Content (other than your own User Content) or other part of the Site.

You may not under any circumstance:

  • Send unsolicited commercial emails to the email addresses provided on the Site;
  • Use the Site to send unsolicited commercial messages to third parties;
  • Delete or modify any of the Material or User Content (other than your own) on the Site;
  • Use any device or software that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
  • Use any robot, spider, or other process to compile information on the Site for purposes other than for a generally available search engine; or
  • Use any of our names, trademarks, or service marks without our prior written consent, including, without limitation, as metatags or hidden text.

We reserve the right to enforce our Intellectual Property Rights through civil and criminal proceedings.

Minors

Minors are not eligible to use the Site. We ask that minors do not submit any information, material, or User Content to us.

Inbound Links

Youu may link to the homepage of the Site. You may not create any other link to our Site from any other site and you may not frame any portion of our Site, unless you first obtain our written permission. We reserve the right to request that you remove a link to our Site.

If you link to our Site, the link may not be used in any way that suggests that we endorse you or your Web site; or that disparages us or the American Automobile Association. The link may not be used on any Web site that displays objectionable contents or links.

Outbound Links

The Site may provide links to the Web sites, content, advertisements, products and services of AAA Affiliates, strategic partners, and other third parties. You should refer to the separate terms of use, privacy policies, and other rules posted on these Web sites before you use them. The existence of such links does not indicate our approval or endorsement of any material contained on any linked site.

We are not responsible for the content of any Web site linked to our Site; for any loss or damage you may incur from dealing with any third party found on or through our Site, including your participation in promotions, the payment for and delivery of products or services, or any request for products or services presented on our site. We are not responsible for any terms, conditions, warranties, or representations associated with such dealings. Your connection to any such third party Web site is at your own risk.

Privacy and Security

We will treat any information we collect from you in accordance with our Privacy Notice, which is hereby incorporated by reference.

User Content

Confidentiality. Any and all content that you send us, such as comments, text, photograph, video recording, sound, communications or materials you send to our Site, electronically or otherwise (“User Content”), will be treated as non-confidential. We will assume that any such User Content is sent to us in order to be posted on our Site, and shared amongst our users, if we wish to do so. If personal information, such as a person’s name, email address, photograph, is included in this content, it will also be treated as non-confidential.

For example, the image of a person or a street address may show in a photograph that you send us. This information will be will treated as non-confidential and may be posted on the Site.

We will protect the personal information that is not included in User Content as explained in our Privacy Notice. For example if you contact our Help Desk or email a question, or if you respond to a questionnaire or a survey, we will treat this information as described in our Privacy Notice

Any and all content that you send us, such as comments, text, photograph, video recording, sound, communications or materials you send to our Site, electronically or otherwise (“User Content”), will be treated as non-confidential. We will assume that any such User Content is sent to us in order to be posted on our Site, and shared amongst our users, if we wish to do so. If personal information, such as a person’s name, email address, photograph, is included in this content, it will also be treated as non-confidential.

For example, the image of a person or a street address may show in a photograph that you send us. This information will be will treated as non-confidential and may be posted on the Site.

We will protect the personal information that is not included in User Content as explained in our Privacy Notice. For example if you contact our Help Desk or email a question, or if you respond to a questionnaire or a survey, we will treat this information as described in our Privacy Notice.

Right to Post. You agree that you will upload, share, post, publish, transmit, or make available on our Site only User Content that you have the right and authority to share with third parties, and for which you have the authority to grant us all of the rights and licenses set forth herein.

License. By uploading, sharing, posting, publishing, transmitting, or making available User Content to our Site, you grant us a worldwide, perpetual, royalty free, sublicensable, irrevocable, non exclusive license to (a) use, reproduce, transmit, disclose to third parties, display, broadcast, post, or create derivative works from, your User Content in any form, medium or technology now known or later developed; and (b) use any ideas, concepts, techniques, or know-how contained in your User Content for any purpose, including but not limited to developing, manufacturing, and marketing products and services. You agree never to assert against us, our successors or assigns, any rights that you may have in such User Content, including, without limitation, any moral rights.

Code of Conduct

Before participating in any online interaction with our Site or with others through our Site, please keep in mind that any User Content that you submit to our Site will be in the public eye. If you do not want your family, employer, or friends to see this User Content, please do not submit it to the Site.

When uploading, sharing, posting, publishing, transmitting, or making available any User Content for use by, or posting on the Site, you must follow the following rules

  • Do not post or upload any User Content that (a) is false or misleading; (b) is offensive, obscene, inappropriate, derogatory, defamatory, degrading or harassing of another, or that constitutes a personal attack or might embarrass anyone; (c) violates or promotes the violation of another’s Intellectual Property rights, invades another’s privacy, includes your or another’s confidential, sensitive, or personal information or violates any other rights of any third party; (d) promotes bigotry, racism, hatred, or harm against any group or individual; (e) you do not have the right to share or grant licenses for; (f) contains the solicitation of funds, goods or services, or promotes or advertises goods or services
  • Do not load any executable code, viruses, Trojan horses, spyware, or other component designed to limit, harm, interfere with, or overburden the Site or any computer systems connected to the Site.
  • Remember that anything posted online is available to anyone in the world;
  • Any User Content that you post on the Site is completely out of your control from the moment it is posted on the Site; you will not be able to delete this User Content;
  • Never post your email address, home address, phone number, birth date, or other personal information. You could be the target of predators or criminals.

Monitoring

We have no obligation to monitor the Site or screen any User Content that is shared on or through the Site. However, we reserve the right, in our sole discretion, to review the Site and User Content, to monitor any use of, or activity on the Site, and to remove or choose not to make available on or through the Site any User Content such as, by way of example, any User Content that we feel is inappropriate, embarrassing, or depicts dangerous behavior.

Security

Certain areas of the Site are restricted to authorized users only and require the use of a password. You agree not to share your passwords or account information with anyone. You are responsible for maintaining the confidentiality of your password and account information. You are responsible for any activity that occurs under your password, or as a result of your access to the Site. You agree to notify us of any unauthorized use of your password or account information.

Indemnification

You agree to indemnify and hold harmless us and our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees that arise from or relate to your User Content, or violation of these Terms and Conditions.

No Warranties

There is no warranty that (a) any Material, User Content, product or services provided, referenced, offered, or sold on or through this Site will be complete or accurate on a particular date, will not contain errors, will fulfill any of your particular purposes or needs (b) the operation of the Site will be error-free or uninterrupted; (c) defects in any Material, User Content, product or services provided, referenced, offered or sold on or through this Site will be corrected; (d) the Site or any Material, User Content, product or services provided, referenced, offered, or sold on or through this Site will be available to you; (e) you will qualify for products or services offered or sold on or through the Site; (f) the products or services offered or sold on or through the Site are available in all jurisdictions.

The Material, User Content, products, and services provided, referenced, offered, or sold on or through this Site are provided to you “as is” and as available, without any warranties or representations of any kind, express or implied. The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SITE, THE MATERIAL, ANY USER CONTENT, PRODUCT OR SERVICES THAT ARE PROVIDED, REFERENCED, OFFERED, OR SOLD ON OR THROUGH THE SITE.

YOU ARE USING ANY MATERIAL, USER CONTENT, PRODUCT, OR SERVICES AVAILABLE FROM OR PROVIDED ON OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK. WE HAVE NO RESPONSIBILITY FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER DAMAGES THAT MIGHT RESULT FROM THE DOWNLOAD, USE OF, OR RELIANCE ON ANY MATERIAL, USER CONTENT, PRODUCT OR SERVICES THAT ARE PROVIDED, REFERENCED, OFFERED, OR SOLD ON OR THROUGH THE SITE.

Please note that some jurisdictions may not allow the exclusion of implied warranties. Consequently, some of the above exclusions may not apply to you. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

Limitation of Liability

We assume no liability or responsibility for any errors or omissions in the Material or any part of the Site or any other damages on account of your access to, use of, or downloading from, our Site.

IN NO EVENT SHALL WE, OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOSS OF PROFIT, LOSS OF REVENUE, DATA, GOODWILL, OR USE INCURRED BY YOU OR ANY THIRD PARTY, DAMAGES RELATED TO THE USE OF ANY MATERIAL OR USER CONTENT FROM OR THROUGH THE SITE, ARISING OUT OF, OR CONNECTED WITH YOUR ACCESS TO, USE OR INABILITY TO USE, OR DELAY IN USE OF OUR SITE, ANY DEFECT, OMISSION, ERROR, INTERRUPTION, OR VIRUS, OR ANY MATERIAL, PRODUCTS, OR SERVICES OBTAINED THROUGH OUR SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY THEORIES, OR OTHERWISE, EVEN IF WE OR ANY OF OUR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Please note that some jurisdictions may not allow certain limitations or exclusions of liability. Consequently, some of the above exclusions may not apply to you. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

Availability of Products or Services

Some products or services are made available on or through the Site, for example, through links to our business partners, or through third party advertisements. We have no control over these third parties, and do not imply that their products or services are available in your region.

Access to Member Areas

Access to and use of Member-only, password-protected areas of our site are restricted to authorized users only.

Changes to These Terms

We may revise these Terms from time to time. Each time changes are made, they will be posted prominently on our Site. Your continued use of the Site following the posting of any changes to the Terms constitutes your acceptance of these changes.

Modifications or Termination of Site

We reserve the right, without notice and for any reason, to remove any Material or User Content on this Site, and to limit, deny or terminate your access to all or any part of the Site or User Content provided on or through the Site. We will not be responsible to you or any third party for any termination or limitation of your access to or use of the Site or any User Content.

Miscellaneous

The Terms will be governed by and construed under the laws of the State of California, excluding only its conflict of law provisions.

You consent to the exclusive jurisdiction and venue of the courts within the city of Walnut Creek, California, or in the case of federal court, the City and County of San Francisco, California, and waive any jurisdictional venue or inconvenient forum objections to such courts.

Any failure on our part to enforce any of our rights under the Terms or applicable laws shall not constitute a waiver of such right.

We may assign our rights and obligations under these Terms to a third party without this assignment being deemed a change in these Terms, and without notice to you.

Our performance under these Terms is subject to existing laws and legal process. We will comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by VIA Magazine with respect to such use.

If a court or arbitrator of competent jurisdiction finds any part of these Terms to be invalid, illegal, or unenforceable, then the court shall endeavor to give effect to the intent reflected in that provision in a manner that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

These Terms (including the Privacy Notice) constitute the entire agreement between you and us with respect to our Site. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Site.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved.

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