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• DA Subscription Agreement

Digital Archive Subscription Agreement

The following subscription agreement terms and conditions, consisting of the provisions below and the terms of the Privacy Policy and Reprints Policy, each of which are referenced below and incorporated herein as part of such subscription agreement terms and conditions (the “Agreement”), govern your subscription to and use of The AA Grapevine, Inc., Digital Archive (the “DA” or “Archive”). The DA is made available by The AA Grapevine, Inc., (“AA Grapevine” or “we” or “us” or “our”) to you as a user of our website (“you” or “your”). We may change the Agreement from time to time, and at any time, with or without notice to you, by email or by other notice to you or by posting such changes on or through the Archive. BY USING THE DA, YOU ACCEPT AND AGREE TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ALL POLICIES REFERENCED HEREIN, AS APPLIED TO YOUR USE OF THE DA. If you do not agree to this Agreement, you may not access or otherwise use the DA. By using the DA following any modifications to this Agreement, you agree to be bound by any such modifications.

1. OWNERSHIP AND USE OF ARCHIVE CONTENT

1. (a) This Archive is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content, and other elements comprising this Archive are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in this Archive. As between you and The AA Grapevine, Inc., we own, solely and exclusively, all rights, title, and interest in and to the Archive, all the content, code, and materials thereon or therein, the look and feel, design, and organization of the Archive, and the compilation of the content, code, data, and materials on or in the Archive, including, but not limited to, all intellectual property and proprietary rights therein or thereto. Your use of the DA does not grant to you ownership of any content, code, data, or materials you may access on or through the DA. You may view the content on or in the DA solely for lawful purposes on a single personal computer and make single copies or prints of the content of the DA for your individual use only, and as further provided in our The AA Grapevine, Inc., Website Copyright and Reprints Policy (“Reprints Policy”), to which Reprints Policy you agree at all times to fully comply in connection with your use of the DA. You may not otherwise copy, reproduce, distribute, post, republish, enter into a database, display, modify, create derivative works from, transmit, or otherwise exploit all or any portion of any content, code, data, or other materials on or through the Archive. Any commercial use or exploitation of the Archive is strictly prohibited. If you make other use of the DA or any content thereon or therein, except as otherwise provided above, you will be in material breach of this Agreement and may violate copyright and other laws of the United States or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to you or any of our users of our trade names, trademarks, or service marks, other than may be set forth in the Reprints Policy.

1. (b) You may use the contents of the Archive solely for your personal, noncommercial purposes. You may copy content from the Archive solely as provided herein and in the Reprints Policy found at www.aagrapevine.org/reprints.php, provided however, that as stated in such Reprints Policy, and except as may be expressly permitted therein, in no event may you reprint or otherwise copy any cartoons contained on or in the Archive.

1. (c) The Archive has been specially designed for presentation of content in a unique format and appearance for you and our other users. Without limiting the provisions of Sections 1(a) or 1(b), neither you nor any third party shall make use of the contents of the Archive, including articles, artwork or logos, in any manner, including, without limitation, any manner that constitutes an infringement of any of our intellectual or proprietary rights, other than as expressly set forth in this Agreement, including any of our policies referenced herein.

1. (d) You acknowledge and agree that your access to and use of the Archive is also subject to the Privacy Policy found at www.aagrapevine.org/privacy.php 1. (e) We reserve the right, for any reason, at our sole discretion, to terminate, change, suspend, or discontinue any aspect of the Archive, including, but not limited to, content, services, features or hours of availability. We may also impose limits on certain features of the Archive or restrict your access to part or all of the Archive without notice or penalty.

2. PROTECTION OF ARCHIVE

2. You warrant and agree that, while using the DA, you shall not (i) upload, post or transmit to or distribute or otherwise introduce through the DA any virus or other harmful component or any materials that contain a virus or other harmful component, or (ii) use the DA in any manner that could damage, disable, overburden, or impair the DA or interfere with any other party’s use and enjoyment of the DA. You agree to indemnify and hold harmless The AA Grapevine, Inc., its affiliates, directors, officers, managers, employees, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of any law, rule or regulation, breach of this Agreement or the failure to fulfill any obligations relating to your DA subscription incurred by you or any other person using your DA subscription, or any use by you or by any other person using your DA subscription of the Archive. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 2. In such event, you shall provide us with such cooperation as is reasonably requested by us.

3. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

3. (a) THE ARCHIVE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE DA OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN OR THEREON WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE DA WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR ON, IN, OR THROUGH THE DA SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, US NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE DA, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE DA.

3. (b) IN NO EVENT SHALL THE AA GRAPEVINE, INC., OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE ARCHIVE OR THE CONTENT, MATERIALS, SERVICES, AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL ANY OF THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON, IN, OR THROUGH THE ARCHIVE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ANY OR ALL OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE ARCHIVE EXCEED, IN THE AGGREGATE, $50.00.

4. REGISTRATION AND SECURITY

4. (a) As part of the registration process, you will select a password and a subscriber ID. You also must provide to us certain registration information, all of which must be complete and accurate and updated by you if any such information changes. You may not (i) select or use a password or subscriber ID of another person with the intent to impersonate that person; (ii) use a password or subscriber ID in which another person has rights without such person’s prior authorization or allow any other person to use your password or subscriber ID without your prior authorization; or (iii) use a password or subscriber ID that The AA Grapevine, Inc., at its sole discretion, deems offensive or otherwise unusable. Failure to comply with the foregoing shall constitute a material breach of this Agreement, which may result in immediate termination of your DA subscription. You shall be solely responsible for maintaining the strict confidentiality of your password and subscriber ID.

4. (b) You are responsible for all usage or activity on your DA subscription, including use of the DA subscription by any unauthorized third party or by any third party authorized by you to use your subscriber ID and/or password. You shall immediately notify The AA Grapevine, Inc., at controller@aagrapevine.org of any known or suspected unauthorized use(s) of your DA subscription, or of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or subscriber ID or credit card information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your DA subscription, at The AA Grapevine, Inc.,’s sole discretion, and The AA Grapevine, Inc., may refer you or the matter to appropriate law enforcement agencies.

4. (c) You will be responsible for all charges incurred while your DA subscription is being used. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.

5. FEES AND PAYMENTS

5. The AA Grapevine, Inc., reserves the right at any time to modify the fees for access to or other services or features offered in connection with the Archive. If you do not agree to pay such modified fees, you may, as your sole and exclusive remedy and as our sole and exclusive liability, cancel your subscription to the DA. The AA Grapevine, Inc., generally provides DA subscribers with reasonable advance notice of such modified fees and an opportunity to cancel a DA subscription before such charges are imposed. You shall pay all fees and charges incurred through your DA subscription at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you by credit card when you subscribe to the Archive. You shall pay any and all applicable taxes relating to your subscription to or use of the Archive.

6. TERM AND TERMINATION

6. (a) This Agreement shall be effective as of the date you subscribe to the DA, and it shall remain in effect unless and until terminated as provided herein. This Agreement may be terminated by either party for any reason at any time.

6. (b) You may terminate your DA subscription and this Agreement at any time by sending an email notice to: customerservice@aagrapevine.org.

6. (c) The AA Grapevine, Inc., Digital Archive may, at its sole discretion, terminate, or suspend your access to all or part of the Archive and this Agreement for any reason, including, without limitation, your violation of any law, rule, or regulation or breach or assignment of this Agreement.

6. (d) Upon our termination of your DA subscription, we will send you an email notice, and thereafter your access to your DA subscription will be deactivated. You are responsible for any and all charges incurred up to the time the DA subscription is deactivated. Upon deactivation of your DA subscription you will cease to access or to use the Archive. Sections 1(a), 2, 3, 6(d) and 7 of this Agreement shall survive any termination of this Agreement.

7. MISCELLANEOUS

7. (a) This Agreement has been made in and shall be construed, enforced, and governed in accordance with New York State law. Any action to enforce this Agreement shall be brought in the federal or state courts located in, and you agree to submit to the personal and exclusive jurisdiction of the courts located within, New York City. Our failure to exercise or to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Archive or this Agreement must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

7. (b) Copyright Act Agent. We respect the intellectual property rights of others, and we require that the people who use the Archive do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 are authorized to act on the copyright owner’s behalf.

Copyright Agent

For any inquiries regarding The AA Grapevine, Inc., Website Copyright and Reprints Policy, please contact: