coastercast Terms of Service

Thank you for your interest in CoasterCast. If you have register with CoasterWarriors Network, please review the CoasterWarriors Network's Register User Terms of Service, which govern your registration and use of CoasterCast. If you have not register with the CoasterWarriors Network, the following terms and conditions govern your registration and use of CoasterCast.

You Must Agree to these Terms of Service to Use Products
By using or registering for an AIM Product (defined below), you agree to these terms and conditions ("Terms of Service") and the AIM Privacy Policy. You agree to accept notices electronically. Each time you use an AIM Product, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the AIM Products. You cannot use or sign up for AIM Products until you have accepted these Terms of Service. If you were an existing AIM user who registered with the Netscape Network, these Terms of Service supersede the Netscape Network's terms regarding your ongoing use of AIM. Additionally, if you are a user of Enterprise AIM products or co-branded AIM Products, additional terms and privacy conditions may apply to your use of AIM.

Modifications to the Terms of Service
CoasterWarriors may change the Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your viewing of CoasterCast. CoasterWarriors will provide at least 30-days' notice before any material changes take effect.

Requirements for Use or Registration of CoasterCast
CoasterCast are intended for general audiences. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service.

You will need a valid form of identification to use AIM Products, such as a valid screen name issued by AOL or such other forms of user identification authorized by AOL (collectively, "Screen Name"). You may use the Screen Name already assigned to you from AOL-authorized services, such as, AOL, CompuServe or Netscape. If you do not have a Screen Name, you can register for a screen name on the AIM service. You may not (1) select or use a Screen Name of another person with the intention of impersonating that person, (2) use a Screen Name of anyone else without authorization, (3) use a Screen Name in violation of the intellectual property rights of any person or (4) use a Screen Name that AOL considers in its sole discretion as being inappropriate.

Your Responsibility
You are responsible for all activity made by you or anyone you allow to use your AIM account and Screen Name, including your family or friends. You agree to keep confidential the passwords associated with your account. You may not use AIM while driving, operating hazardous equipment, or engaging in other forms of hazardous activities. You agree to indemnify and hold harmless AOL for losses incurred by AOL or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential or as a result of your failure to use reasonable care while using AIM Products.

You are responsible for any materials you post or make available on or through the CoasterWarriors Service, including message board posts, chat participation and homepages.

Communications
You are responsible for obtaining your own Internet access, such as maintaining all telephone, computer hardware and other equipment needed for access to and use of the AIM Products, and all charges related thereto. Any telephone or other communications charges incurred by you to access AIM are your responsibility. If you are accessing AIM through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.

You May Use CoasterCast for Lawful Purposes Only
You may use AIM Products for lawful purposes only. You may not post on or transmit through community areas (e.g., message boards, chat, e-mail, calendars, instant messaging products) or other means any material that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (3) encourages conduct that would constitute a criminal offense, (4) gives rise to civil liability, (5) violates any policies posted in any community areas or (6) otherwise violates any law. You also may not undertake any conduct that, in AOL's judgment, restricts or inhibits any other user from using or enjoying the AIM Products, including without limitation the community areas.

Content You May Use
AOL, its vendors and AIM users who lawfully post content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("Content") on AIM Products own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by AOL or its vendors. You agree that you will not take any action to interfere with AOL's or its vendors' ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.

You may use Content available on the AIM Products only for personal, non-commercial purposes. You may be given the opportunity to download certain Content such as music and photos, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.

Content You Post to Public Areas
As explained in detail in the AIM Privacy Policy, AOL does not read your private online communications when you use any of the communication tools on AIM Products. If, however, you use these tools to post Content or other information to public areas on AIM Products (for example, in chat rooms or online message boards), other online users will have access to this information and Content.

You may only post Content to public areas on AIM Products that you created or which the owner of the Content has given you permission to post. You may not post or distribute Content to public areas on AIM Products that is illegal or that violates these Terms of Service. By posting or submitting Content to public areas of AIM Products, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content to public areas of AIM Products and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.

You or the owner of the Content retain ownership of all right, title and interest in Content that you post to public areas of any AIM Product. However, by submitting or posting Content to public areas of AIM Products (for example, posting a message on a message board or submitting your picture for the "Rate-A-Buddy" feature), you grant AOL, its parent, affiliates, subsidiaries, assigns, agents and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt and promote this Content in any medium. Once you submit or post Content to any public area on an AIM Product, AOL does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. AOL owns all right, title and interest in any compilation, collective work or other derivative work created by AOL using or incorporating Content posted to public areas of AIM Products.


No Duty to Monitor
AOL is not required to pre-screen Content available on the AIM Products, including the content of any messaging that occurs on or through the AIM service, although AOL reserves the right to do so in its sole discretion. AOL is not liable for Content that is provided by others. AOL reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but AOL is not responsible for any failure or delay in removing such material.

Changes to the Service
AOL has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the AIM Products including, but not limited to, the software, community areas, Content, hours of availability, equipment needed for access or use, the maximum disk space that will be allotted on AOL servers on your behalf either cumulatively or for any particular service or the availability of AIM Products on any particular device or communications service. AOL has no obligation to provide you with notice of any such changes.

AIM License to You
AOL and its vendors grant you a personal, non-exclusive, non-transferable limited license to install the software and services distributed by AOL (including all software and services provided by a third-party vendor for AOL) in object code form only on any computer or device from which you wish to access the AIM service and all other AIM Products ("Software") and to use the Software for the sole and exclusive purposes of connecting to and using the AIM Products in accordance with these Terms of Service. You may not sub-license, or charge others to use or access the Software without first obtaining written permission from AOL. AOL occasionally will provide automatic upgrades to improve your online experience, such as virus and spam screening technologies, although these upgrades may not be consistent across all platform and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.

You may not sell, assign, grant a security interest in or otherwise transfer any right in the Software or incorporate it (or any portion of it) into another product. You may not copy the Software. You may not translate, reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Software. You may not modify the Software or use it in any way not expressly authorized by these Terms of Service. You may not obtain the communications protocol for accessing the AIM service, the AIM Products, or any other AOL services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that AOL's introduction of various technologies may not be consistent across all platforms and that the performance and features offered by AOL may vary depending on your computer and other equipment.

Restrictions on Access to or Use of AIM Products
You may access AIM Products only through the interfaces and protocols provided or authorized by AOL. You agree that you will not access AIM Products through unauthorized means, such as unlicensed software clients, and that you will only use AIM Products in conjunction with AOL authorized products and components.

U.S. Government End Users
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.

Export Control
You agree to comply with all export and import laws and restrictions and regulations of the United States or any foreign agency or authority, and not to export, re-export or import the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, you may not export or re-export any commodities, software, or technical data received from AOL, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Software from the U.S.

No Support by AOL
You understand that your use of the Software is at your own risk and that AOL provides no assistance other than the information posted on the AOL Web site located at http://www.aim.com/help_faq/starting_out/getstarted.adp. AOL is under no obligation to provide you with any error corrections, updates, upgrades, bug fixes and/or enhancements of the Software.

Third-Party Services
Third parties may offer from time to time applications or services to access AIM services and AIM Products. Your use of such third-party applications will be at your own risk and subject to the terms and conditions of those third-parties. AOL does not represent and warrant that access and use of AIM Products through these third-party applications will be compatible, uninterrupted, error free, without defects or that you will be able to access the AIM Products at all times and locations of your choosing. You also agree that AOL is under no obligation to provide you with any error corrections, updates, upgrade, fixes and/or enhancements to make AIM Products accessible through these third-party applications.

Copyright Infringement
If you believe that your work has been copied and is accessible on an AIM Product in a way that constitutes copyright infringement, please click here for instructions on how to contact AOL.

No Endorsement
AIM Products may contain links to other web sites, resources and advertisers. AOL is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall AOL or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external sites' administrator or Webmaster.

Disclaimer of Warranty; Limitation of Liability

DISCLAIMER OF WARRANTIES. YOUR USE OF THE AIM PRODUCTS AND SOFTWARE IS AT YOUR SOLE RISK. THE AIM PRODUCTS AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, AOL AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES THAT THE AIM PRODUCTS AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. AOL AND ITS VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AIM PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE AIM PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AIM PRODUCTS AND SOFTWARE WILL BE CORRECTED. AOL AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AIM PRODUCTS, SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. AOL PROVIDES THE AOL PRODUCTS AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE AIM PRODUCTS AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT AOL WILL HAVE ADEQUATE CAPACITY FOR THE AIM PRODUCTS AS A WHOLE.

LIMITATION OF LIABILITY. AOL'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH AOL (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SOFTWARE OR AIM PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE AIM PRODUCTS AND SOFTWARE. AOL AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE AIM PRODUCTS, SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH AIM PRODUCTS AND SOFTWARE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AOL HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AOL AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. AOL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH AIM PRODUCTS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Indemnification
You agree to defend, indemnify and hold harmless AOL, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the AIM Products. AOL reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for AOL in that matter.

Termination
AOL has the right to terminate your Screen Name, your registration, the Software license or your access to AIM Products for any reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). AOL may, but shall be under no obligation to, provide you a warning prior to termination of your use of the AIM Products.

Subscription Plans
Fees charged for subscription plans are nonrefundable and due in advance unless provided otherwise in your subscription plan. Under most monthly plans, your payment method will be charged automatically every month until such time that you cancel your subscription or AOL otherwise terminates your subscription. Also, under most subscription plans, AOL will automatically renew your subscription and charge your payment method until such time that you cancel your subscription or AOL otherwise terminates your subscription.

Electronic Delivery Policy
AOL, as an online business, transacts with its users electronically. WHEN YOU SIGN UP FOR ANY AIM PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM AOL ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES, REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY, "NOTICES"). You agree that AOL generally can send you electronic Notices in either or both of the following ways: (1) to the e-mail address that you provided to AOL during registration or (2) AOL may post Notices on a welcoming screen or top page of the relevant AIM Product. You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of AIM.com or AIMToday.com. The delivery of any Notice from AOL is effective when sent by AOL, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.

Miscellaneous
A. The provisions of these Terms of Service addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, Premium Services and governing law shall survive the termination of these Terms of Service, your Premium Services and your registration with the AIM Products.

B. These Terms of Service and any operating rules for any areas of functionality of the AIM Products established by AOL constitute the entire agreement between AOL and you regarding the subject matter of these Terms of Service, and supersede all previous written or oral agreements. In the event of any inconsistency between these Terms of Service and any such other terms of use or operating rules of a specific AIM Product, these Terms of Service will supersede such other terms of service or operating rules. The Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the AIM Products resides in the courts located in the Commonwealth of Virginia, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Last updated April 16, 2008