Additional Terms of Service
Please be aware that when you purchase services and products from us, you may be required to review and agree to additional terms relating to such services and products.
The Sites are not directed to children and we will not knowingly collect personally identifiable information from children under 13.
Intellectual Property of APH
All material included in or made available through the Sites, including but not limited to text, graphics, photographs, images, logos, button icons, images, service names, audio clips, digital downloads, data compilations, and software is the property of APH, its authors, or its content suppliers. All elements of the site, including but not limited to the compilation of all material included in or made available through the Sites and the general design of the site, are the exclusive property of APH, its authors, or content suppliers, and protected by U.S. and international copyright, trademark, trade dress, patent, and other laws related to intellectual property rights.
When you use the Sites, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on these Sites, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you decide to register as a member of one of our Sites, you may need to set up a personal account, which will include the creation of a username and password, and you may be required to provide a valid payment method to be associated with such account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that all registration data provided with such account will be true, accurate, current, and complete. If any data provided is not true, accurate, current, or complete, APH may suspend or terminate your account and further limit or restrict entirely the use of the Sites in the future.
Our Sites may provide you with an opportunity to post reviews, comments, photos, videos, and other communications; and submit suggestions, ideas, comments, questions, or other material (collectively “Submissions”). You agree that any Submissions you make shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), discriminatory, or otherwise injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. APH reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you wish to submit any content for consideration for publication, please refer to the rules and additional guidelines posted on the Sites, as applicable. Please note that APH and minedition currently do not accept unsolicited submissions of works for consideration for publication, and you will not receive any response from APH or minedtion if you submit works for consideration for publication.
Links to Other Websites
Intellectual Property Complaints
APH process notices of alleged infringement which it receives and will take appropriate actions as required by law. If you believe that your intellectual property rights are being infringed, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site.
- Your address, telephone number, and e-mail 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; and
- 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.
APH’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Jonathan Lyons, Esq.
Lyons & Salky Law, LLP
New York, NY 10001
Telephone: (212) 548-4535
Disclaimer of Warranties and Limitation of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY APH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. APH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, APH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APH DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM APH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, APH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law and Disputes
You agree that any dispute arising under, relating to or in any way connected with these Terms of Service and the Sites shall be interpreted and construed in accordance with the laws of the State of New York applicable to contracts made and to be entirely performed therein. Any suit, action, claim, or proceeding arising out of or in any way related to these Terms of Service and the Sites may only be brought in a court of record (local, state, or federal) in the State of New York, and you consent to jurisdiction of the said courts of New York.
Notices and Revisions