Effective Date: March 2, 2023
USE OF THE SITE
Generally. This Site is for informational purposes only. You will adhere to all laws, rules, and regulations applicable to your use of the Site.
Eligibility. If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. You should not submit any information or through the Site if you are under the age of 13.
YOUR LICENSE TO USE THE SITE
All of the content on the Site – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Content“) is owned by ACE or others we license Content from, and is protected under the United States’ and other countries’ copyright laws. All trademarks, logos, service marks and trade names are owned, registered and/or licensed by ACE.
License. We grant you a personal, revocable, non-exclusive, non-sublicensable, non-transferrable, royalty-free license to use the Site and Content, provided you remain in compliance with these Terms. You may print and/or download Contents from the Site for your personal use. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site. You acknowledge and agree that ACE transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else.
Restrictions.You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivate works for commercial use from any content appearing on the Site, including Content, without our prior written consent.
User Content Published on ACE Site
Certain features of the Site may permit you to upload content to the Site, including stories, messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Site. You should not post User Content to the Site if you are under the age of 13. If you are between the ages of 13 and 18 you should not post User Content to the Site unless you have the consent of your parent or guardian.
User Content is owned by you or whoever created it. By submitting or posting any User Content on the Site, you grant ACE an irrevocable, perpetual, non-exclusive, fully-paid up, royalty-free, transferable, sub-licensable, worldwide license to use your User Content that you post on or through the Site, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in your User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.
Please do not post any User Content unless you have permission from the person who is featured in that User Content (and where applicable, anyone who is depicted in User Content). ACE will be entitled to use your User Content without incurring obligations of confidentiality, attribution or compensation to you. By posting and sharing your User Content on the Site, you grant other users a non-exclusive license to access and use your User Content as permitted by these Terms and the functionality of the Site.
ACE is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.
We reserve the right to remove or refuse any User Content that does not comply with these Terms or the following:
Only post User Content to the Site if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content. Remember that while you may feel comfortable disclosing personal information on a public forum, your friends and acquaintances may not. You should not post or contribute any User Content that was not originally created by you or that is not properly licensed to you.
Do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, harmful, sexually explicit or otherwise objectionable or inappropriate. Do not post any advertising, solicitation or commercial content on the Site or accept payment from a third party in exchange for performing commercial activity on the Site without permission from ACE.
When you access or use the Site, you agree to submit truthful, accurate, current and complete information.
ACE grants you permission to access and use the Site as set forth in these Terms, subject to the following restrictions:
• Do not collect or solicit personal information from other users of the Site or send unsolicited messages.
• Do not use automated technology to interact with the Site.
• Do not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
• Do not reverse-engineer, decompile, disassemble, modify, or create derivative works based on the Service, its contents or any part thereof (unless permitted by applicable law).
• Do not circumvent any technology used by us, our licensors, or any third party to protect the content or the Site.
• Do not “crawl” the Site or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from us, our users or the Site.
• Do not interfere with ACE’s (including its officers, managers, employees, and partners) personal or business relationship concerning the Site or these Terms.
• Do not post any content to the Site, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, harmful, sexually explicit or otherwise objectionable or inappropriate.
• Do not post any advertising, solicitation or commercial content on the Site or accept payment from a third party in exchange for performing commercial activity on the Site without permission from ACE.
ACE has the right to screen or remove any content you may post to the Site – but we have no obligation to do so. We may, however, at any time and without prior notice, screen, remove, edit, or block any content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Site you may be exposed to content from a variety of sources and you acknowledge that content may be inaccurate, offensive, indecent, or objectionable. If notified by a user or content owner that content on the Site allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove that content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Site.
We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from Common Sense (https://www.commonsensemedia.org) and OnGuard Online (http://onguardonline.gov/). Please note that ACE does not endorse any of the products or services identified on such sites.
If you choose to communicate with us, you expressly consent to us contacting you in the manner you request.
E-mail. You may opt-out of receiving ACE e-mails by unsubscribing in the e-mail.
SMS Messages. If you provide us with your phone number and choose to receive text messages from ACE, we may send you news, updates and information about ACE or related advocacy, causes or events. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the text message program. You may opt-out of receiving text messages by replying to any message you receive from us, and texting “STOP” to cancel or “HELP” for support.
- In addition to any SMS entry, submission or other SMS fee of which you are notified, your carrier’s standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence and/or transmissions. All charges are billed by and payable to your mobile service provider.
- We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
- Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
- By using this service you may have access to various content. You should assume that everything to which you have access through this service is subject to copyright and trademark protection, unless noted otherwise. By subscribing or otherwise using the service, you acknowledge and agree that all right, title and interest, including the trademark and copyright rights, in and to such works are our property, and that you will not gain any ownership or other right, title or interest therein or thereto. You may not copy, download or make any other unauthorized uses of such items.
- By subscribing, you consent to receiving, from time to time, further text messages from us.
- By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.
- All SMS content is appropriate for ages 13 and older (T13+)
All reasonable efforts have been made to include accurate and up-to-date information on the Site. However, ACE makes no representations or warranties, express or implied, as to the completeness or accuracy of any content included on the Site. All such documents, information and content on the Site are provided “as is” without warranty of any kind.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THIS SITE AND ANY FEATURE ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. ACE, AND ITS PARTNERS, COLLABORATORS, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSEES (“ACE”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON THIS SITE, THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, FEATURES, MATERIALS, OR PRODUCTS INCLUDED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
ACE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF ACE WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LINKS TO OTHER WEBSITES
The Site may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. ACE has no control over, and is not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.
You agree to indemnify, defend and hold harmless ACE from and against any losses, expenses, damages, claims, actions, demands or expenses (including reasonable attorney’s fees) including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of ACE or any third party vendor, arising out of or in connection with: (a) your use of the Site, (b) your breach of these Terms, including any abusive or unlawful behavior, or (c) your infringement of any intellectual property or privacy right of any third party. This indemnification provision shall apply to third party claims as well as claims between you and ACE under these Terms.
ACE is committed to respecting the rights of copyright holders. If you believe that any Content (including User Content) violates your copyright, please contact us and provide the following information:
- A description and copy of the copyrighted work you claim has been infringed;
- A description of where the material you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 above.
Designated Agent for Notification of Claimed Copyright Infringement
By email: [email protected]
No Waiver. No failure or delay by ACE in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
Severability. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.
Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.
Assignment. You may not assign these Terms without the prior written consent of ACE but we may assign these Terms without any notice to you.