Effective August 1, 2015
Welcome, and thank you for your interest in American Art Clay Co., Inc. (“AMACO,” “we,” “our,” or “us”). AMACO is a leader and innovator in the ceramic arts and an advocate and supporter of teachers and ceramic artists, for over 90 years. AMACO is one of the oldest crafts materials manufacturers in the US and is considered the largest manufacturer of ceramic supplies and equipment for schools and studios, including Brent Wheels and AMACO Glazes.
Your Acceptance Of The Terms
Modification Of The Terms
Eligibility To Use The Services
AMACO’s Services are intended for use by adults, and are not directed to minors under the age of 13. By accessing or using the Services and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 13 years of age; (2) that you have not previously been suspended or removed from the Services; and (3) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. Any registration by anyone under 13 is void.
Your Representations & Warranties to AMACO
By using the Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. When using the Services, you agree to comply with all applicable laws from your home nation and the country, state and city in which you are present while using the Services.
By using the Services, you represent, warrant, and agree that:
1. You will only use the Services for lawful purposes, and you will not use the Services for sending or storing any unlawful material or for fraudulent purposes;
2. You will not use the Services to cause nuisance, annoyance or inconvenience;
3. You will not impair the proper operation of the Services or any network which is used to support or access the Services;
4. You will not try to harm the Services in any way whatsoever;
5. You will not copy, or distribute the Services or other content without written permission from AMACO;
6. You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
7. You will keep secure and confidential your account password or any identification we provide you which allows access to the Services; and
8. You will provide us with whatever proof of identity we may reasonably request.
Accounts & Registration
Registering for a AMACO Account
In order to use or access certain Services or certain features of the Services, we may require you to register for a user account (a “AMACO Account”) and become a registered user of the Services (a “Registered User”).
Your AMACO Account Information
You may not select or use a AMACO Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and AMACO; or (4) that, in AMACO’s sole discretion, is offensive, vulgar, or obscene. AMACO reserves the right to refuse registration of a AMACO Account, or cancel any account name, in its sole discretion.
AMACO’s Termination of Your AMACO Account
Your Cancellation of Your AMACO Account
You may cancel your AMACO Account at any time by sending an email to Account Support (email@example.com). Upon cancellation of your AMACO Account, AMACO may: (1) retain your information and content for a commercially reasonable time for backup, archival, and/or audit purposes; and (2) retain, use and continue to show in anonymized form data and information you made available to the public on the Services, including your links to third party content, comments, likes, and similar content.
You specifically agree you will not do any of the following:
1. Abuse, harass, threaten, impersonate, or intimidate others;
2. Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that AMACO or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by AMACO in its sole discretion;
3. Use the Services for or in connection with any illegal purpose, or in violation of any applicable local, state, national, or international law or rule or regulation having the force of law;
4. Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any Services User;
5. Create or submit unwanted email (“Spam”) to any other person or any URL;
6. Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
7. With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
8. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
9. Interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services;
10. Bypass any measures we may use to prevent or restrict access to the Services or any part of the Services, including creating multiple AMACO Accounts or screen names for an individual Services User;
11. Interfere with the operation of the Services or any User’s enjoyment of the Services, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Services; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
12. Share, sell, or otherwise transfer the access granted to you to the Services, including information regarding your AMACO Account, login information, or password, or otherwise permit any other person to access the Services using your AMACO Account, login information, or password.
13. Use the Services, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Services;
14. Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
15. Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, Content, code or program, available to others, in whole or part;
16. Interfere with security features of the Services, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Services or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
17. Perform any fraudulent activity using or in connection with the Services, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
18. Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
Content & Licenses
The term “AMACO Content” means Content that AMACO makes available to our users through the Services, including any Content licensed to AMACO from a third party (excluding User Content).
The term “User Content” means Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Services by you, our User, whether or not the User is a Registered User, or whether or not the User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights.
Finally, we will use the term “Collective Content” to refer to all of the Content available through the Services, including AMACO Content and User Content.
All AMACO Content is owned by AMACO or its third party licensor partners. Your use of the Services does not grant you any rights to the use or control of any of the AMACO Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the AMACO Content, including by caching, framing or any similar means, without the prior written consent of AMACO is strictly prohibited.
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without AMACO’s prior written permission, with the exception of your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
AMACO is not the publisher or speaker of User Content, or any other information on the Services provided by third party content providers, and AMACO is not liable for any claims related to such information. Any mention in the Services of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by AMACO. AMACO assumes no responsibility for those products or services.
AMACO’s License to You
Your License to AMACO
Certain Services may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through the Services. By making available User Content through the Services, you hereby grant to AMACO and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as AMACO may designate from time to time, which may include any or all other users of the Services, a irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Services, as well as a license to use your name and likeness in marketing materials and in the Services to promote your use of the Services. You agree and acknowledge that this license cannot be terminated, and the waiver cannot be revoked by you once you’ve submitted User content within the Services.
Third Party Advertising & Marketing
As part of your use of the Services, you may be asked to elect to receive email notifications from AMACO and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from AMACO related to the Services.
By using the Services, you consent to receive from AMACO all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Notices") electronically. AMACO may provide such Notices by posting them on or within the Services or by otherwise sending or communicating them to you. You agree that we may communicate with you regarding AMACO and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your AMACO account information to ensure that your messages are not sent to the person that acquires your old device. AMACO may email you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.
You may opt-out of receiving further notifications in association with the Services by completing the opt-out process provided to you with each email message or by logging into your AMACO Account and modifying your settings to no longer receive further messages. By opting out of receiving notifications, you understand that we may not be able to communicate important information to you.
AMACO may give notice by means of a general notice on the Services, electronic mail to your email address on record in AMACO’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to AMACO, to be deemed given upon actual receipt by the AMACO, at any time by providing written correspondence to AMACO at the contact information provided below.
AMACO respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the services who are infringers.
Notifying AMACO of Copyright Infringement
To provide AMACO with notice of an infringement, you must provide a written communication to the attention of “AMACO: DMCA Notification Department” at (firstname.lastname@example.org) that sets forth the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
We must receive the following information from you:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
2. A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
3. A detailed description of where the material that you claim is infringing is located or found on the Services;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.
Providing AMACO with Counter-Notification
If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “AMACO: DMCA Counter Notification Department” at email@example.com that sets forth all of the necessary information required by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
AMACO, along with its licensors and partners, own all right, title, and interest in and to the Services, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, excluding User Content (collectively, the “AMACO IP”). AMACO IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in AMACO IP, including use of any AMACO IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any Intellectual Property rights owned by AMACO. AMACO name, the AMACO logos and designs, and the product and services names associated with the Services are trademarks of the AMACO or its affiliated third parties, and no right or license is granted by this Agreement to you to use the AMACO IP for purposes not directly related to your use of the Services.
Linking & Framing
AMACO grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages or mobile applications of the Services, so long as the links do not portray AMACO or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of AMACO’s logo or other proprietary graphics or trademarks as part of the link without express written permission. “Framing” or “mirroring” the Services or any of their content is prohibited without the prior written consent of AMACO.
The Services may provide links to other sites or resources. Because AMACO has no control over such sites or resources, you acknowledge and agree that AMACO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AMACO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
AMACO may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Service, feature, or Content, with or without notice to you. AMACO may also impose limits on certain Services, features, or Content, or restrict your access to parts or all of the Services with or without notice to you.
AMACO may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund, for any reason we deem appropriate, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.
You acknowledge that we reserve the right to take action, technical, legal or otherwise, to block, nullify or deny your ability to access the Services. You understand that we may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to us. Continued use of the Services, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
You may terminate your AMACO Account at any time, with or without cause, by contacting us using the contact information below.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
The Services are controlled and operated by AMACO from within the United States. AMACO makes no representations that materials contained within the Services are appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
You acknowledge that AMACO has no control over, and no duty to take any action regarding: (1) which Users gain access to or use the Services; (2) what effects the content on the Services may have on you; (3) how you may interpret or use the content on the Services; or (4) what actions you may take as a result of having been exposed to the content on the Services.
You release AMACO from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. AMACO makes no representations concerning any content contained in or accessed through the Services, and AMACO will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. AMACO makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. AMACO cannot guarantee that you will obtain the results you seek or warrant that Services will be error-free. AMACO makes no representation or warranty of any kind with respect to use of Services or the use or accuracy of the information on the Services.
USER ACCESSES THESE SERVICES AT HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER AMACO NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THESE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF AMACO, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. AMACO IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THESE SERVICES. IN NO EVENT WILL AMACO OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL AMACO OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICES. IN NO EVENT SHALL AMACO BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, OR THE SERVICES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF REVENUE, OR LOSS OF PROFITS.
Limitation of Liability
IN NO EVENT SHALL AMACO OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICES OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services, or this Agreement, must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of AMACO as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
How to Contact AMACO
American Art Clay Co., Inc.
6060 Guion Rd.
Indianapolis, IN 46254
Local: (317) 244-6871
Fax: (317) 248-9300