General Terms and Conditions of Website Use/Legal Notices and Disclaimers

1. ACCEPTANCE OF TERMS

The following agreement outlines your obligations when using the AMACO website available at <amaco.com>, (the “Site”). The Site is owned and operated by American Art Clay Co., Inc. (“AMACO”), and is accessed by you under the terms of use described below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. AMACO’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY AMACO, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

AMACO reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, AMACO will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at AMACO’s sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. Content ownership and Usage Rights

AMACO shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by AMACO, or a third party who licensed the right to use such content to AMACO. Unless otherwise expressly noted, nothing that you read or see on the Site or other site content, or any of the source code or HTML code that AMACO uses to generate the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of AMACO, except as provided in the Terms of Use without prior written consent or otherwise permitted by relevant law.

4.USER CONDUCT OF INTERACTIVE SERVICES.

Subject to full compliance with the Terms of Use, AMACO may offer to provide certain blogging or other online communication services and content (“Services”). Services shall include, but not be limited to, any service and content AMACO performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the “Content”). AMACO may change, suspend or discontinue the Services including access to any Content for any reason, at any time, including the availability of any feature or content. AMACO may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by AMACO.

By way of example, and not as a limitation, you agree not to use the Services:
a)to abuse, harass, threaten, impersonate or intimidate other users of the Services;
b)to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any government regulation, law, or right of any third party;
c)for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content;
d)to create or submit unwanted email (”Spam”) to any other users of the Services users or any URL;
e)to violate any laws in your jurisdiction (including but not limited to copyright laws);
f)to submit stories or comments regarding off-topic content;
g)you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
h)to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these terms to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; and
i)attempt to impersonate another user or person.

AMACO may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@amaco.com.
You are solely responsible for your interactions with other users of the Site. AMACO reserves the right, but has no obligation, to monitor disputes between you and other users.

5. COPYRIGHT COMPLAINTS

AMACO respects the intellectual property of others. It is AMACO’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. AMACO 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, AMACO 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. AMACO will terminate access for subscribers and account holders who are repeat infringers.

Notifying AMACO of Copyright Infringement: To provide AMACO notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of abuse@amaco.com that sets forth the information specified by the DMCA (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.
Providing AMACO with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide AMACO with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” abuse@amaco.com that sets forth all of the necessary information required by the DMCA (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.

6. INDEMNITY

You will indemnify and hold harmless AMACO, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

7. WARRANTY DISCLAIMERS

Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, 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. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS 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 THIS SITE, 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, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL AMACO OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS 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 SITE.

8. Linking and Framing

AMACO does not object to links on third-party sites to the homepage of the Site in an appropriate context. However, “framing,” “in-line and deep linking,” or “mirroring” the Site or any of its content is prohibited without the prior written consent of AMACO.
The Site may provide links to other sites or resources available on the Internet. Because AMACO has no control over such sites and 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.

9. Trademarks and trade names

AMACO, American Art Clay Co, Inc., AMACO graphics, logos, designs, page headers, button icons, scripts, and other trademarks are the trademarks and trade names of AMACO. AMACO’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

10. Electronic Communications

We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication.

11. SECURITY

Users are prohibited from violating or attempting to violate the security of the site. AMACO will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

12. Miscellaneous

The Terms of Use constitutes the entire agreement between users of the Site and AMACO, and regarding the subject matter hereof. If you breach any term of the Terms of Use, AMACO may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. AMACO’s remedies are cumulative and not exclusive. Failure of AMACO, to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Users of this Site are responsible for compliance with all applicable regulations and laws. Any dispute arising out of the Terms of Use shall be governed by the laws of Indiana, notwithstanding any conflicts of law principles. Any action relating to the Terms of Use must be filed and maintained in a court in the state of Indiana, USA, and users consent to exclusive jurisdiction and venue in such courts for such purpose.