Effective and last updated: June 26, 2013
Acceptance of Terms.
Use of the Site.
Use of and access to the Site is void where prohibited. By accessing and using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. By using the Site, or any of its tools or applications for communicating, posting or creating comments or content, you agree to post material or comments that are proper and related to the forum or subject presented by the particular area of the Site.
The content and information posted on this Site are provided as information to interested persons and may be used for informational and personal purposes only. Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights. This Site is not intended for commercial use. Unauthorized commercial advertisements, promotions, “plugs” and/or “pitches”, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges.
- collecting usernames and/or email addresses of Users for the purpose of sending unsolicited email;
- the unauthorized framing by you of the Site;
- criminal or tortious activity, including fraud, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- any automated use of the system, such as using scripts to alter your content;
- interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
- attempting to impersonate another User or person;
- using the account, Username, or password of another User, as applicable, at any time or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
- displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site on behalf of that person, such as placing commercial content on the Site;
Your use of the Site is at your sole risk. The content and information posted on the Site is provided to you “as is” without warranties or representations of any kind. AFC or content contributors disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Site to the broadest extent permitted by law. AFC makes no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Site. AFC make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Site. AFC makes no warranties or representations that your use of content and information posted on this Site will not infringe rights of third parties.
You are not authorized to download any content from the Site, unless expressly permitted by AFC. In all cases, however, If you download any content from the Site, AFC will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content.
Links to Third Party Sites.
AFC is aware that the privacy of your personal information is important to you. AFC has established a Privacy Statement governing the use of this information, which is located at http://www.refuelagency.com/privacy and is incorporated as part of this Agreement by reference.
AFC reserves the right, in our sole discretion, to reject, refuse to post or remove any Material (defined below) posted by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. AFC expressly reserves the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Site if it determines, in its sole discretion, that you pose a threat to the Site and/or its Users.
Users may be able to post comments or content on the Site. You are solely responsible for any comment, text, content, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Site (“Material”). You represent and warrant that: (i) you own the Material posted by you on the Site or otherwise have the right to grant the license set forth in this “Material” section; (ii) your Material does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Material on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any Material you post on the Site.
The following is a partial list of the type of Material that is illegal or prohibited to post on or through the Site. Prohibited Material includes, but is not limited to Material that:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords from Users or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- includes a photograph of another person that you have posted without that person’s consent.
AFC do not claim any ownership rights in the Material that you post to the Site. After posting your Material to the Site, you continue to retain all ownership rights in such Material, and you continue to have the right to use your Material in any way you choose. By supplying Material to any area of the Site, you automatically grant to us for purposes of maintaining the Site and making Material available to Users, the right to an irrevocable, transferable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute your Material (and to utilize your name, acquired name, likeness, voice and biographical material [individually and in the aggregate, “Traits”) in connection thereof) and to prepare derivative works of, or incorporate into other works, such Material and Traits, and to grant and authorize sub-licensees of the foregoing. Additionally, AFC shall be free to use any ideas, concepts, know-how or techniques contained in such Material for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such Material.
This Site is protected by copyright, trademark, and other laws and AFC owns and retain all rights in its content on the Site. AFC hereby grants you a limited, revocable, non-sublicensable license to reproduce and display our content (excluding any software code) solely for your personal use in connection with viewing and utilizing the Site for its intended purposes.
No User Material Monitoring.
Termination of Access.
Digital Millennium Copyright Act Notice.
AFC owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via the Site by third parties not within the control of AFC. It is our policy not to permit materials known by us to be infringing to remain on this Site. You should notify us promptly if you believe any materials on the Site infringes a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), AFC will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512 (c), AFC has designated Andrew Sawyer, President of AFC, as the agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the Site. The contact information is: Armed Forces Communications, Inc. d/b/a refuel, 151 West 26th Street, 12th Floor, New York, NY 10001, Attention: Andrew Sawyer, President, (646) 571-2670, firstname.lastname@example.org.
You are solely responsible for your interactions with other Users of the Site. AFC reserves the right, but have no obligation, to monitor disputes between you and other Users.
Limitation on Liability.
IN NO EVENT SHALL AFC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE AND RETAINED BY AFC OR (B) ONE HUNDRED U.S. DOLLARS (U.S. $100).
U.S. Export Controls.
Software made available to you by the Site (individually or in the aggregate “Software”) is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
AFC may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.