Last modified: September 20, 2010
AMERICAN EXPRESS PUBLISHING, ITS PARENT COMPANY, SUBSIDIARIES AND AFFILIATES (“OUR”, “WE”, “US”, “AMERICAN EXPRESS PUBLISHING”, “PROVIDER”) WILL LICENSE THE AEP APP TO YOU ONLY UPON ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE AEP SERVICE AGREEMENTS. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THE AEP SERVICE AGREEMENTS, YOU SHOULD NOT DOWNLOAD OR USE THE AEP APP. THE AEP APP IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS OF THE AMERICAN EXPRESS PUBLISHING AGREEMENT. AMERICAN EXPRESS PUBLISHING RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
1. Scope of License: This license granted to you for the AEP App by American Express Publishing is limited to a non-transferable license to use the AEP App on any iPhone OS-based device (including, but not limited to, iPad, iPhone or iPod touch, collectively, “Device”) that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”) and the AEP Service Agreements. This license does not allow you to use the AEP App on any Device that you do not own or control, and you may not distribute or make the AEP App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the AEP App. You may not copy (except as expressly permitted by this license and the Usage Rules and the AEP Service Agreements), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the AEP App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the AEP App). Any attempt to do so is a violation of the rights of American Express Publishing and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by American Express Publishing that replace and/or supplement the AEP App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Changes to this Agreement. American Express Publishing reserves the right to revise this Agreement at any time. Upon modification, American Express Publishing will update the date indicated after “Last Modified” at the beginning of this document and note this Agreement has been modified in the “Legal” tab section of the AEP App. Any modifications to these terms and conditions will only affect your and our respective rights and obligations from the “last modified date” and thereafter. If you do not agree with the modified terms, however, you must immediately then cease using the AEP App. Your continued use of the AEP App constitutes your continued agreement to the terms and conditions herein.
3. Consent to Use of Data: You agree that American Express Publishing may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the AEP App. American Express Publishing may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. American Express Publishing’s collection and use of personal data is governed by the American Express Publishing Privacy Statement [see: www.amexpub.com/privacy].
4. Termination. The license granted hereunder is effective until terminated by you or American Express Publishing. Your rights granted hereunder will terminate automatically without notice from American Express Publishing if you fail to comply with any term(s) of AEP Service Agreements. Upon termination of the license, you must cease all use of the AEP App, and destroy all copies, full or partial, of the AEP App.
5. Services; Objectionable Materials. The AEP App may enable access to American Express Publishing’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that American Express Publishing shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
6. Third Party Materials. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that American Express Publishing is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. American Express Publishing does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
7. Advice and Location Data Disclaimer. Financial information displayed by any Services (if any) is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Nothing in any Service constitutes investment advice, including American Express Publishing’s parent company’s filings with the Securities and Exchange Commission. American Express Publishing provides investor relations materials for convenience and information only. In addition, investor relations materials and other content are not offers to sell or solicitation of an offer to buy any security. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither American Express Publishing, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
8. Proprietary Materials. You agree the American Express Publishing Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. The trademarks, logos and service marks (“Marks”) displayed on the AEP App and the American Express Publishing Services are the property of American Express Publishing, its trademark licensors and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of American Express Publishing or such third party which may own the Marks. No portion of the American Express Publishing Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the American Express Publishing Services, in any manner, and you shall not exploit the American Express Publishing Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that American Express Publishing is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
9. Languages, Local Rules. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Device are not available in all languages or in all countries. American Express Publishing makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
10. Modification, Suspension and Discontinuation. American Express Publishing and its licensors, reserve the right to change, suspend, remove, disable or permanently discontinue access to or the appearance of the AEP App and any American Express Publishing provided Services at any time without notice. In no event will American Express Publishing be liable for the removal of or disabling of access to any such Services. American Express Publishing may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
11. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE AEP APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AEP APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE AEP APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AMERICAN EXPRESS PUBLISHING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AEP APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AMERICAN EXPRESS PUBLISHING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AEP APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE AEP APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE AEP APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE AEP APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE AEP APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
ACCESS AND USE OF THE AEP APP AND SERVICES OCCURS ACROSS THE NETWORKS OF A NUMBER OF WIRELESS SERVICE PROVIDERS. AMERICAN EXPRESS PUBLISHING DOES NOT OPERATE THESE NETWORKS AND HAS NO CONTROL OVER THE OPERATIONS OF THE WIRELESS SERVICE PROVIDERS. WE WILL NOT BE LIABLE TO YOU IF CIRCUMSTANCES BEYOND OUR CONTROL INTERRUPT, PREVENT OR OTHERWISE AFFECT THE TRANSMISSION, COMMUNICATION, POST, TRANSACTION OR OTHERWISE INTERFERE WITH THE INTEGRITY THEREOF, INCLUDING, WITHOUT LIMITATION, UNAVAILABILITY OF WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. AMERICAN EXPRESS PUBLISHING DISCLAIMS ANY RESPONSIBILITY FOR ANY WIRELESS SERVICE USED TO ACCESS THE SERVICES.
USE OF THE AMERICAN EXPRESS PUBLISHING SERVICES WIRELESSLY MAY INVOLVE THE ELECTRONIC TRANSMISSION OF PERSONAL FINANCIAL INFORMATION ACROSS THE NETWORKS OF WIRELESS SERVICE PROVIDERS. BECAUSE WE DO NOT OPERATE OR CONTROL THE WIRELESS NETWORKS USED TO ACCESS AMERICAN EXPRESS PUBLISHING SERVICES, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS DATA TRANSMISSIONS. ADDITIONALLY, THE WIRELESS DEVICE BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS INTERNET SERVICE PROVIDER. CHECK WITH YOUR SERVICE PROVIDER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM AMERICAN EXPRESS PUBLISHING OVER THE INTERNET FROM A MOBILE PHONE, WE REQUIRE THAT A “SECURE SESSION” BE ESTABLISHED USING TRANSPORTATION LAYER SECURITY (“TLS”). AMERICAN EXPRESS PUBLISHING WILL TREAT YOUR DATA IN ACCORDANCE WITH THE AMERICAN EXPRESS PUBLISHING PRIVACY STATEMENT.
AMERICAN EXPRESS PUBLISHING DOES NOT CHARGE FOR USE OR ACCESS OF THE AEP APP OR ANY AMERICAN EXPRESS PUBLISHING SERVICES AVAILABLE AS OF THE DATE OF YOU AGREED TO THIS AMERICAN EXPRESS PUBLISHING SERVICE AGREEMENTS. HOWEVER, YOUR WIRELESS SERVICE PROVIDER MAY LEVY FEES OR CHARGES FOR TRANSMISSION OR RECEIPT OF MESSAGES AND OTHER COMMUNICATIONS PERFORMED USING YOUR EQUIPMENT ON THE WIRELESS SERVICE PROVIDER NETWORK, AND YOU ARE SOLELY RESPONSIBLE FOR SUCH CHARGES.
12. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AMERICAN EXPRESS PUBLISHING, ITS PARENT COMPANY, DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF OR ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE AEP APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall American Express Publishing’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
13. Indemnification. You shall indemnify and hold American Express Publishing, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the AEP App, any breach of the terms and conditions set forth in the AEP Service Agreements, by you, or other users of a Site using your access ID or credentials. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
14. Lawful use. You may not use or otherwise export or re-export the AEP App except as authorized by United States law and the laws of the jurisdiction in which the AEP App was obtained. In particular, but without limitation, the AEP App may not be exported or re-exported (a) into any U.S. embargoed countries or a foreign national of such countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the AEP App, you represent and warrant that you are not located in any such country, a foreign national of any such country, or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
15. Commercial Status. The AEP App and related documentation are “Commercial Items”, as that term is defined at 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 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
16. Governing Law, Jurisdiction. The AEP Service Agreements and your use of the AEP App and any American Express Publishing Services are governed by, construed and enforced in accordance with the laws of the State of New York, USA and applicable federal law without regard to conflicts of laws principles. If for any reason a matter is not arbitrated as provided in the AEP Service Agreements, then any cause of action brought to enforce the AEP Service Agreements, or in connection with any matters related to the AEP App or AEP Service shall be brought only in the applicable State or Federal Courts located in New York, New York, and you expressly consent to the personal jurisdiction and venue of said courts. Your use of the AEP App may also be subject to other local, state, national, or international laws.
17. Third Party Beneficiaries. You agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce applicable portions of this Agreement against you, the end-user, as a third party beneficiary thereof. This agreement is otherwise for the sole benefit of the parties hereto and their successors and permitted assigns and nothing herein express or implied shall give or be construed to give any person other than the parties hereto any legal or equitable rights hereunder.
18. Third party trademark notification. iPad®, iPhone® and iPod touch® are registered trademarks of Apple Inc. App StoreSM is a service mark of Apple Inc.
19. Need Assistance? For assistance with this AEP App, email us at: email@example.com; or call: 212-382-5600.
For the current version of the Privacy Statement applicable to your use of this App please go to amexpub.com/privacy