The services offered by AMF Bowling Centers, Inc., its parent
companies, subsidiaries and affiliates (collectively "AMF," "we,"
"us" or "our") include the AMF.com website (the "Site"), and any
other features, content, or applications offered from time to time
by AMF in connection with the Site (collectively, the "AMF
Services"). The Site and the AMF Services are owned by AMF.
This page states the Terms of Use Agreement ("Agreement") under
which you may use the Site and the AMF Services offered on the
Site. Please read this Agreement carefully. If you do not accept
this Agreement, please do not use this Site. By using this Site
and/or the AMF Services, you agree to be bound by this Agreement,
whether you are a "Visitor" (meaning you simply browse the Site) or
you are a "Subscriber" (meaning you have submitted your Personal
Information-as defined in our Privacy Policy-to the Site in order
to use or receive certain AMF Services through the Site).
Capitalized terms used but not defined in this Agreement have the
meanings given them in the Privacy Policy. In order to participate
in certain AMF Services, you may be notified that you are required
to download software or content and/or agree to additional terms
and conditions. Unless otherwise provided by the additional terms
and conditions applicable to the AMF Services in which you choose
to participate, those additional terms are hereby incorporated into
this Agreement. AMF may, in its sole discretion, revise this
Agreement at any time. AMF will use commercially reasonable efforts
to notify you of any material changes to this Agreement; however,
you should visit this page periodically to review it each time you
use the Site.
I. User
Eligibility
Use of the Site and the AMF Services
is void where prohibited by law. By using the Site and the AMF
Services, you represent and warrant that: (i) all information you
submit is truthful and accurate; (ii) you will maintain the
accuracy of such information; (iii) you are 13 years of age or
older; and (iv) your use of the AMF Services does not violate any
applicable law or regulation. You may be terminated as a Subscriber
without warning if we believe that you are less than 13 years of
age. The Site and the AMF Services are for personal use only.
II. Term
This Agreement shall remain in full
force and effect while you use the Site or are a Subscriber. You
may review, modify or remove any Personal Information you submit to
the Site at any time, for any reason, by contacting AMF or clicking
on the UNSUBSCRIBE LINK in the email message(s) you receive after
subscribing. AMF may terminate you as a Subscriber at any time,
without warning. Even after you are terminated as a Subscriber,
this Agreement will remain in effect.
III. Use of Site Material
When using this Site, AMF requires
Visitors and Subscribers to respect the intellectual property
rights we have in the Site's contents, such as text, graphics,
images and other content (the "Site Material"). AMF also requires
Visitors and Subscribers to respect the intellectual property
rights of others when using the Site.
AMF hereby grants you a limited,
revocable, nonsublicensable license to view and download a single
copy of the Site Material for your personal use. Unauthorized use
of the Site Material violates copyright, trademark, and other laws.
You agree to retain all copyright and other proprietary notices
contained in the original Site Material on any copy you make of
such material. You may not sell or modify our Site Material or
reproduce, display, distribute, or otherwise use the Site Material
in any way for any public or commercial purpose. Use of the Site
Material on any other website or in a networked environment is
prohibited. The names, marks and logos appearing on the Site or
included in the Site Material are, unless otherwise noted,
trademarks owned by or licensed to AMF.
IV. User Content
AMF welcomes your comments on the
Site, on our products, and on the AMF Services. However, you
acknowledge that if you send us creative suggestions, ideas, notes,
drawings, concepts, inventions, images, graphics, pictures or other
similar types of content (collectively, the "Content"), such
Content shall be deemed, and shall remain, AMF's property. As a
Visitor or Subscriber of this Site, you are responsible for any
Content or communications you submit to the Site and are
responsible for any consequences resulting from such Content or
communications. Therefore, you agree not to do any of the
following: (i) transmit to us material that is copyrighted, unless
you are the copyright owner or have the permission of the copyright
owner to send it; (ii) send material that reveals trade secrets,
unless you own them or have the permission of the owner; (iii) send
material that infringes on any other intellectual property rights
of others or on the privacy or publicity rights of others; (iv)
send material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other
person or entity; (v) send sexually-explicit images; (vi) send
advertisements or solicitations of business; (vii) send chain
letters or pyramid schemes, or (viii) impersonate another person.
The violation of any of the terms and conditions set forth in this
Agreement shall result in the immediate revocation of your right
and license to use the Site Material and obligates you to
immediately destroy any copies of the Site Material in your
possession.
It is the policy of AMF to terminate
Subscribers who repeatedly infringe the copyright rights of others
upon our receipt of proper notification from the copyright owner or
the copyright owner's legal agent. We ask all Visitors and
Subscribers to inform us immediately if they have reason to suspect
that any material submitted by a Visitor or Subscriber infringes
someone's intellectual property rights.
If you believe your copyrighted work
has been submitted to AMF in a way that constitutes copyright
infringement, please provide our designated Copyright Agent with
your name, address, phone number, and email address, along with a
statement that the infringing material is being used without
consent. AMF's designated Copyright Agent for notice of claims of
copyright infringement can be reached as follows:
Jane Dixon
AMF Bowling Centers, Inc.
7313 Bell Creek Road
Mechanicsville, VA 23111
Email: jdixon@amf.com
V. Prohibited Activities
The following is a partial list of
the kind of activity that is illegal or prohibited on the Site and
through your use of the AMF Services. Prohibited activity includes,
but is not limited to:
1. criminal or tortious activity,
including child pornography, fraud, trafficking in obscene
material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
2. covering or obscuring the banner advertisements on any page of
the Site via HTML/CSS or any other means;
3. any automated use of the Site or the AMF Services, such as
using scripts to add Subscribers, Visitors or send comments or
messages;
4. interfering with, disrupting, or creating an undue burden on
the Site, the AMF Services or the networks or services connected to
the AMF Services;
5. attempting to impersonate another Visitor, Subscriber or
person;
6. using any information obtained from the Site or the AMF
Services in order to harass, abuse, or harm another person;
7. accepting payment or anything of value from a third person in
exchange for your performing any commercial activity on the Site or
through the AMF Services on behalf of that person; or
8. using the Site or the AMF Services in a manner inconsistent
with applicable laws and regulations.
VI. Removal of
Personal Information/Termination of Subscribers
AMF reserves the right to terminate
Subscribers and prevent their further access to the Site for
violating this Agreement or the law. AMF also reserves the right to
investigate and take appropriate legal action against anyone who,
in AMF's sole discretion, violates in Sections VII and VIII herein,
including without limitation, reporting such violations to law
enforcement authorities. The violation of any of the terms and
conditions set forth in this Agreement shall result in the
immediate revocation of your right or license to use the Site
Material and obligates you to immediately destroy any copies of the
Site Material in your possession.
Despite the prohibitions in Sections
VII and VIII herein, Content provided by other AMF Subscribers or
Visitors may contain inaccurate, inappropriate, offensive or
sexually explicit material, products, services or activities, and
AMF assumes no responsibility for monitoring the AMF Services for
inappropriate Content or conduct. If at any time AMF chooses, in
its sole discretion, to monitor the Site or AMF Services, AMF
nonetheless assumes no responsibility for such Content, no
obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the Subscriber or Visitor
submitting any such Content.
VII. Privacy/Security of Personal
Information/Content
While we encourage you to become a
Subscriber and send us Content, you must carefully choose
what you will submit. You are solely responsible for the
Personal Information and Content that you submit to the Site and
any material or information that you transmit to other Visitors or
Subscribers.
AMF assumes no responsibility for
the use or misuse of any Personal Information or Content you submit
to the Site. AMF has no obligation to use, or solicit/enable others
to use, for any purpose, any Personal Information or Content you
submit to the Site.
AMF makes no warranties, express or
implied, as to any Content that may be displayed on the Site or to
the accuracy and reliability of Content or any material or
information that you transmit to other Subscribers or Visitors.
AMF cannot be responsible for the security or privacy of
your Personal Information or Content, nor does AMF guarantee the
security or privacy of your Personal Information or Content. For
more information, please consult our Privacy Policy.
VIII. Retention of Personal
Information
AMF shall retain any Personal
Information you submit to AMF to become a Subscriber for your
duration as a Subscriber unless AMF deems such Personal Information
to be violative of this Agreement or until such time as you decide
to remove such Personal Information. Content submitted to the Site
that AMF deems to be in violation of this Agreement will be
immediately and permanently deleted. You understand that backup
copies of deleted Personal Information may persist for a reasonable
period of time in backup copies but will not be available to
others.
IX. Compliance With Laws
You agree to comply with all
applicable local, state, national and international laws, rules and
regulations, including without limitation, laws governing online
conduct and the unlawful export of software or technical data to
restricted individuals or countries.
X. Communications With
You
AMF may communicate with you via
email regarding your use of the Site or your submission of Personal
Information or Content. You agree to receive emails and mobile
communications from AMF, or its designee, necessary for the normal
functioning of the Site or in connection with the AMF Services. You
are responsible for all telecommunications charges relating to your
use of the AMF Services, including but not limited to any charges
for text messages that are sent to you by AMF.
XI. Limitation of
Liability
You understand and agree that AMF
shall not be liable for any direct, indirect, special,
consequential, incidental or punitive damages, (including without
limitation damages resulting from lost data) resulting from the use
or inability to use the Site, the Site Material, or the AMF
Services, whether based on warranty, contract, tort, or any other
legal theory, and whether or not AMF is advised of the possibility
of such damages.
XII. Disclaimer of
Warranties
Although AMF strives for accuracy in
all elements of the Site, it may contain inaccuracies or
typographical errors. AMF makes no representations about the
accuracy, reliability, completeness, or timeliness of the Site
Material or about the results to be obtained from using the Site or
from relying on the Site Material. YOU USE THE SITE, THE AMF
SERVICES AND THE SITE MATERIAL AT YOUR OWN RISK.
AMF cannot be responsible for the
violation of this Agreement by Visitors or Subscribers, or for the
reliance by Visitors or Subscribers upon false or misleading
Information submitted by other Visitors or Subscribers. AMF is not
responsible for the conduct, whether online or offline, of any
Subscriber or Visitor using the Site or the AMF Services.
The Site may contain links to third
party websites. AMF is not responsible for the content, accuracy or
opinions expressed on such websites, and such websites are in no
way investigated, monitored or checked for accuracy or completeness
by AMF. Inclusion of any linked third party website on the Site
does not imply approval or endorsement by AMF of the linked
website. WHEN YOU ACCESS THESE THIRD-PARTY WEBSITES, YOU DO SO AT
YOUR OWN RISK.
AMF does not warrant that (i) the
Site will operate error-free (ii) the Site and its web servers are
free of computer viruses, worms or other harmful material (iii) the
quality of any products, services, information or other material
obtained by you through the Site or in connection with the AMF
Services will meet your expectations (iv) the Site will operate in
perpetuity. AMF ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST
DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY
VISITOR OR SUBSCRIBER COMMUNICATION. AMF IS NOT RESPONSIBLE OR
LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE
NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS,
COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL
PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE AMF
SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO
A VISITOR'S OR SUBSCRIBER'S COMPUTER OR TO ANY PERSON'S COMPUTER
RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS
IN CONNECTION WITH THE AMF SERVICES.
Under no circumstances shall AMF,
its officers, directors, employees or agents be responsible for any
loss or damage, including personal injury or death, resulting from
use of the Site or the AMF Services, from any Content submitted to
the Site or through the AMF Services. If your use of the Site or
the Site Material results in any costs or expenses, including,
without limitation, the need for servicing or replacing equipment,
data or Content submitted, AMF shall not be responsible for those
costs or expenses.
YOUR USE OF THIS SITE, THE
SITE MATERIAL AND THE AMF SERVICES ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. AMF, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND
THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
XIII. Indemnity
By using the Site, the Site Material
and the AMF Services, you agree to defend, indemnify, and hold
harmless AMF, its officers, directors, employees and agents, from
and against any and all losses, claims, damages, costs and expenses
(including reasonable legal and accounting fees) that AMF may
become obligated to pay arising or resulting from your use of the
Site, the Site Material, the AMF Services, or your breach of this
Agreement. AMF reserves the right to assume or participate, at your
expense, in the investigation, settlement and defense of any such
action or claim.
XIV. Governing Law
This Agreement is governed by the
laws of the Commonwealth of Virginia, without regard to its
conflict of laws principles. You agree to submit to the
jurisdiction of the courts situated in Virginia with respect to any
dispute, disagreement, or cause of action related to or involving
the Site, the Site Material or the AMF Services. If any provision
of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect. No waiver of any term
of this Agreement shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided elsewhere
on the Site, this Agreement constitutes the entire agreement
between you and AMF with respect to your use of this Site, the Site
Material and the AMF Services.
Please consult our Privacy
Policy for additional terms and conditions that apply
to your use of and access to the Site.