- Intellectual Property Ownership.
- User acknowledges and agrees that the trademarks of the Bank (the “Marks”), the Blog, and the look and feel of the Blog, to the extent protectable, are proprietary, original works of authorship of the Bank, or licensors of the Bank, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. User further acknowledges and agrees that all right, title and interest in and to the Marks, the Blog, and the look and feel of the Blog are and shall remain with the Bank or its licensors, and Users may not use the Marks, or any other trademarks or copyrighted materials appearing on the Blog, including without limitation any logos, without the express prior written consent of the Bank or other owner of the mark or copyright. Without the prior written consent of the Bank, User’s modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of the Bank or its licensors, and is prohibited.
- User hereby grants to the Bank a non-exclusive, irrevocable, worldwide, perpetual, royalty free license to use, copy, publish, reproduce, prepare derivative works, distribute, and display the Content or any derivative works thereof on the Blog. Such license shall be deemed granted as of the moment of creation without the necessity of any further action on the part of either party. User represents and warrants to the Bank with respect to the Content that the Content, and the license of rights in and to the Content, do not infringe or violate any copyrights, trade secrets, or other intellectual or proprietary rights of any third party.
- Links to Other Websites. The Blog may contain links to other websites (“Linked Websites”). The Linked Websites are provided for User’s convenience and information only and, as such, User accesses them at User’s own risk. User agrees and acknowledges that the Bank is not responsible for, and does not endorse, the content of or anything that may be delivered to User or User’s computer as a result of accessing any Linked Websites, whether or not the Bank is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, the Bank is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a Linked Website.
- Removal of Content. The Bank reserves the right to remove any Content in its sole discretion.
- General Prohibitions. User shall not:
- Knowingly submit any information that is false or misleading, including any Content with any false or misleading information, and User shall not impersonate or misrepresent User’s affiliation with any person or entity;
- Knowingly submit any Content that invades another’s right to privacy;
- Post or transmit any Content that is harassing, threatening, infringing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or is otherwise in violation of federal, state, or local laws and regulations;
- Use the Blog to post or transmit unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services to any other Users; or
- Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Blog.
- Representations, Warranties, and Covenants. User represents, warrants, and covenants the following:
- User has all right, title and interest, including all copyright rights and other intellectual property rights, in and to the Content submitted by such User.
- If any graphical Content includes any persons, or the likeness or image of any person, User has obtained the written consent of each such person to the display of the person’s likeness or image in the graphic, including a waiver of all applicable publicity rights, and delivered a copy of such consent to the Bank.
- There is no claim, litigation or proceeding pending or threatened with respect to the Content submitted by User.
- No Warranty. THE BLOG IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY NATURE. THE BANK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Not Advice. The content of the Blog is provided for informational purposes only. It is not intended to be and should not be considered legal advice, accounting advice, tax-planning advice, estate-planning advice, or any other type of advice either from the Bank or from any third party who may have provided the content. Users should consult their own qualified professionals for such advice.
- Limitation of Liability.
- WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE BANK BE LIABLE TO USER FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FORESEEABLE OR IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
- Copyright Infringement Policies. If any User is a copyright owner or an agent thereof and believes that any posting or other Content on the Blog infringes upon its copyrights, User may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the designated agent for the Bank (“Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Bank to locate the material;
- Information reasonably sufficient to permit the Bank to contact you, such as an address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the DMCA, 17 U.S.C. § 512(c)(2), the Bank’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. The Designated Agent shall be:
Randall D Benson
Bank of American Fork | Legal Department
380 North 200 West, Suite 101, Bountiful, Utah 84010