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Effective Date: July 6, 2018
Always and Forever (“A&F”, “we”, or “us”) is the owner of the A&F Site. The A&F Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by A&F.
Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast, or transfer the Information or use the Information in a searchable, machine-readable database or file except through authorized access to the A&F Site. Unless separately and specifically authorized in writing by A&F, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the A&F Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the A&F Site without the authorization of A&F is strictly prohibited. You agree to use the A&F Site and Information for lawful purposes only. You agree not to post or transmit any information through the A&F Site which: (i) infringes the rights of others or violates their privacy or publicity rights; (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable; (iii) is protected by copyright, trademark, or other proprietary right without the express written permission of the owner of such right; or (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark, or other proprietary right, or any other harm caused by your use of the A&F Site or Information.
Submissions. All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to A&F on or in connection with the A&F Site are submitted without any restrictions or expectation of confidentiality. A&F shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. A&F shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed, or otherwise distribute your submissions in any manner without notice or compensation to you.
Responsibility for Content. A&F does not screen, edit, or review material submitted by users. A&F therefore accepts no responsibility or liability for any material which may reside in or is accessed by the A&F Site other than A&F Information. A&F has no responsibility with respect to other sites.
User Linking. You may not link, upload, post, or transmit any illegal, obscene, offensive, or otherwise inappropriate material to the A&F Site. Furthermore, you may not use any of A&F’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without the A&F’s express written permission, which A&F may withhold in its sole discretion. You may not link in any manner reasonably likely to: (i) imply affiliation with or endorsement or sponsorship by A&F; (ii) cause confusion, mistake, or deception; (iii) dilute A&F’s trademarks or service marks; or (iv) otherwise violate state or federal law.
The A&F Site may contain links to other websites. These links are provided for informational purposes only, and A&F does not sponsor or affiliate with any linked entity unless expressly stated. A&F makes no representations and assumes no responsibility for your use of links provided on the A&F Site. You agree to indemnify and hold A&F and any of its related entities, board members, employees, agents, and representatives harmless from and against, and shall reimburse A&F for any liability, damage, claim, loss, cost, or expense (including, without limitation, court costs and reasonable attorneys’ fees) which may be incurred by A&F because of the material you link, upload, post, or transmit to the A&F Site. A&F has no duty to review or edit materials submitted by users. Any such materials may be removed by A&F at any time for any reason whatsoever.
You are prohibited from sharing your username and/or password with any other person, and you are responsible for ensuring that you do not take any actions—or fail to take any actions—that could result in their unauthorized access and use of the A&F Site or the Information. If, at any time, you are issued a username and/or password or other positive identifiers of the user issued and authorized by A&F and you learn or suspect that such identifiers have been disclosed or otherwise made known to any person other than yourself, you agree to immediately change your password to prevent unauthorized access to your account.
It is recommended that you use a high-speed internet connection. The compatible operating systems may change from time to time. A&F is not responsible for your failure to use the recommended or compatible software.
You acknowledge that A&F reserves the right to, and may from time to time, monitor all Information transmitted or received through the A&F Site. A&F, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which A&F deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the A&F Site, authorized or unauthorized, constitutes consent to such monitoring.
Your use of the A&F Site will comply with all applicable laws, rules, and regulations that govern the export of technical data.
The A&F Site is intended for adults 18 years or older. You are not permitted to use the A&F Site if you are under the age of 13. By using the A&F Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the A&F Site or to attempt to contact children under 13 through the A&F Site.
You agree that all matters relating to your access to or use of the A&F Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue.
You acknowledge and agree that no warranties of any kind are made with respect to the A&F Site, A&F Mobile Apps, A&F Information, or other sites. Furthermore, you acknowledge that the Information and links provided through the A&F Site are compiled from sources that are beyond the control of A&F. Though such Information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and that A&F and its licensors do not warrant the accuracy or suitability of the information.
Except where prohibited by law, in no event will A&F or its employees, agents, licensors, or contractors be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if A&F has been advised of the possibility of such damages.
If any third-party claim is brought, A&F has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If A&F exercised this option, you agree to cooperate with it in asserting any available defenses.
If you believe that your intellectual property rights have been infringed, you may submit written claims of copyright infringement to our Copyright Agent at:
In Motion Design Inc.
7314 Madison St
Paramount, CA 90723
Written claims concerning copyright infringement must include the following information: