Last Modified: April 12, 2011
- DESCRIPTION OF THIS COMMUNITY AND AVAILABILITY
- AUTHORITY AND CAPACITY
- MEMBERS ONLY REGISTRATION AND PROFILE CREATION
- ADDITIONAL AGREEMENTS INCORPORATED BY REFERENCE
- POSTING AND LICENSE TO AMERICAN EXPRESS
- RULES OF CONDUCT
- DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO AMERICAN EXPRESS REGARDING ALLEGED COPYRIGHT INFRINGEMENT
- UNAUTHORIZED ACCESS OR USAGE; FRAUD INVESTIGATIONS
- DISCLAIMERS REGARDING WIRELESS COMMUNICATIONS
- SEVERABILITY AND WAIVER
The Community is an online business-to-business networking and informational site designed to give business owners tools to help grow their business.2.2
Registered and certain unregistered members of this Community are authorized to Post to this Community. Unregistered members include users who are authenticated through a third-party platform, including without limitation, Facebook, Twitter and Linkedin. Any comment, opinion, review, content, creation of a Profile (defined below), communication and/or material posted or submitted on or through this Community are referred to herein as “Post”, “Posts” or “Posting”.2.3
Portions of this Community will be available to all users of the Community regardless of registration status. You must register, however, to access “Members Only” sections (see below), tools and features on this Community (e.g. complete access to the “Connectodex” is only available to registered Community members).2.4
This Community should not be considered a substitute for contacting American Express customer service for resolution of personal or Business related customer service issues. Cardmembers are best served by contacting the number on the back of their Card for such issues.2.5
The Community is hosted and administered by American Express.2.6
You (and not American Express) are responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Community, and paying all charges related thereto.2.7
American Express is making this Community available to you “as is”. We reserve the right to discontinue this Community, or otherwise supplement, change, or modify its appearance and/or any features or functions of this Community, in any way, in whole or in part at anytime for any purpose without notice. WE SHALL NOT BE LIABLE AND SHALL HAVE NO OBLIGATION TO YOU OR YOUR BUSINESS IN THE EVENT WE EXERCISE OUR RIGHT TO DO SO.
You represent and warrant, and covenant that you are at least eighteen (18) years old and have the power, authority and capacity to enter into this agreement, and you are a U.S. citizen, or are physically present in the United States as you use the Community.3.2
By using the Community, you signify you meet all of the foregoing criteria, and agree any action taken by you on the Community shall be deemed an action taken by you and your Business.
To access “Members Only” sections, tools and features on the Community, you must be an American Express Cardmember, and first log in using your americanexpress.com User ID and password (“AMEX ID”). If you are an American Express Cardmember and do not already have an AMEX ID, you can create one by following the instructions on the Log In page.4.2
If you are accessing the Community for the first time, you will be asked to register to become a member of the Community (an “OPEN Forum Member”) and we may ask you to provide profile and contact information. If you wish to become an OPEN Forum Member, you must provide us with true, accurate, and current information. You must not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information or another person's name, likeness, voice, image or photograph. If we have reason to suspect any such information you provided is not authorized, correct, current, or complete, we may among other remedial options refuse you access to the Community or any of its resources without notice.4.3
As an OPEN Forum Member, you will automatically be identified by us and other OPEN Forum Members by your Cardmember name currently on file with us. Please note, this Community does not currently use screen names or user “handles”. To the extent your name changes and you wish to use such new name in this Community, you must change your name on your Card. You may do so by calling American Express Card Replacement department at 1.800.992.3404 (24 hours/ 7 days). If you are outside the U.S., call collect at 1.336.393.1111. A successful Cardmember name change should automatically effectuate a name change in this Community within one week of its request. If your name change has not been effectuated within one week of the name change request please call customer service at the number set forth above.4.4
You are solely responsible for acquiring all necessary authorizations/ approvals related to your upload of said photographs or other Posts to the Community. Photographs may not contain any unauthorized depiction of any trademarks, trade names, third-party copyrighted material, or any material owned by any third party.
In addition to the terms and conditions of this document, use of this Community is subject to and you are also agreeing to be bound by the5.2
In the event of a conflict among or between the terms and conditions of this document, the Terms of Service and the Internet Privacy Statement, the precedence shall be, first, the Terms of Service, then the Internet Privacy Statement, then the terms and conditions in this document.
American Express will also indicate that changes to the terms and conditions of this document have been made by updating the date indicated after "Last Modified" at the beginning of the applicable document.6.3
You may retain any and all applicable copyright, patent and other intellectual property ownership rights with respect to any Post/Protectable Invention you submit using the Community to the extent you have such rights under applicable law.7.2
“Protectable Inventions” is defined to mean any concepts, creative ideas, product service or business models, inventions, designs, software, procedures, applications, methods, improvements, programs, or other content sent directly to American Express or Posted on or through this Community by you, that are proper subject matter under any applicable patent laws, such as the Patent Laws of the United States, 35 U.S.C. et. seq. or those of other applicable countries.7.3
American Express may in its sole discretion reference or use and publish your Posts/Protectable Inventions in any media or medium now known or hereafter invented without remuneration, obligation or attribution to you.7.4
You can learn about Protectable Inventions, whether the information you plan to Post is protectable and how you can protect it by contacting a qualified patent attorney, and reviewing resources at the applicable patent office websites, for example, the United States Patent and Trademark Office website: www.USPTO.gov.7.5
To avoid the possibility of future misunderstanding or conflicts that may arise on this Community, or our customer research, we are NOT seeking submission of your Protectable Inventions.7.6
Therefore, please do not Post or otherwise send to American Express any Protectable Inventions.7.7
If you nevertheless choose to Post or otherwise submit any Protectable Inventions to us, in doing so you are providing the license as provided herein.7.8
You represent and warrant you have or are entitled to take all necessary actions to confirm or obtain clear title to and ownership of the Post/Protectable Inventions, and upon the request of American Express, shall provide written documentation to establish such clear title and ownership.7.9
Anything you Post with the Community, including without limitation Posts/Protectable Inventions, are freely available for our use as provided herein. No element of your Posts or the Protectable Inventions you communicate to us will be subject to any obligation of confidence, privacy or secrecy.7.10
AMERICAN EXPRESS WILL NOT BE LIABLE FOR ANY USE OR DISCLOSURE OF SUCH POSTS AND/OR PROTECTABLE INVENTIONS BY AMERICAN EXPRESS, CARDMEMBERS OR ANYONE ELSE.7.11
SINCE ALL POSTS AND/OR PROTECTABLE INVENTIONS BECOME PUBLIC INFORMATION AVAILABLE EITHER TO AMERICAN EXPRESS CARDMEMBERS OR USERS IN GENERAL, YOU MUST ALWAYS EXERCISE CAUTION WHEN DECIDING TO POST OR DISCLOSE ANY CONFIDENTIAL OR PRIVATE INFORMATION.7.12
All Posts and Protectable Inventions made to this Community are subject to the following terms:
- American Express is not required to use any such Posts/Protectable Inventions you provide, but it may do so at its sole discretion without remuneration, obligation or attribution to you.
- You represent and warrant you have the right to grant the licenses stated herein
- You hereby grant American Express, its affiliates and licensees/transferees, a perpetual, worldwide, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable, unrestricted license in such Posts/Protectable Inventions.
- This license to use the Posts/Protectable Inventions includes without limitation:
- rights to all related copyright, patent, trademark, trade secret or other intellectual property rights, together with all consents (if any) and covenants not to sue, to enable the unrestricted practicing, making, having made, use, display, indexing, commenting upon, reproduction, distribution, modification, creation of and/or use of derivative works, of, from or related to said Posts and Protectable Inventions, and
- rights to publish and/or otherwise use, practice, make, manufacture, have made, perform, display or other exploitation of your Posts/Protectable Inventions for any purpose commercial or otherwise, by any means, and in all media formats and channels now known or hereafter devised, in whole or in part, alone or with other material, with or without edits, without notice and without obligation, remuneration, payment, accounting, or other reference or attribution to you or any other person for the full statutory period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity.
If your Posts contain any statements about or related to American Express or its products or services, or any other company or person, such statements shall be accurate, correct and honest expressions of your personal experience and belief. American Express shall have the right to publish or use any statements made by you in your Posts in its advertising, marketing or promotional materials in any media now or hereafter known (in addition to on this Community), with or without edits (provided the general sense of the statements is not changed), alone or with other material, without notice or payment to you, with or without your username, forever without restrictions.7.14
To the maximum extent permitted by applicable law, you waive all moral rights, rights of attribution, rights of privacy and publicity in the Posts/Protectable Inventions which may be available to you in any part of the world and confirm that no such rights have been asserted.7.16
You represent and warrant, to the best of your knowledge, all such Postings/Protectable Inventions provided by you are original, non-infringing and not owned, encumbered, originated, or derived from or otherwise controlled by a third party.7.17
LIMITATION OF LIABILITY ON OUR USE OF POSTS/PROTECTABLE INVENTIONS: TO THE EXTENT THE LICENSE IN THIS SECTION IS NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF AMERICAN EXPRESS ITS LICENSORS, SPONSORS, AGENCIES AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, FOR ANY CLAIM ARISING FROM THE USE, PRACTICE, MAKING, HAVE MADE, PERFORMANCE, DISPLAY OR ANY OTHER EXPLOITATION OF YOUR POSTS/PROTECTABLE INVENTIONS FOR ANY PURPOSE COMMERCIAL OR OTHERWISE SHALL BE ONE THOUSAND DOLLARS ($1,000.00).
You must not Post anything that contains:
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, personal line size, or employer references.
- Messages by non-spokesperson employees of American Express purporting to speak on behalf of American Express or containing confidential information or expressing opinions concerning American Express.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Chain letters of any kind.
- Anything that infringes the intellectual property rights of any person or entity.
- False or misleading information or content.
- Competitive business information about another business or company.
- Links to other websites and/or blogs that contain, promote or facilitate: religious or political organizations, hate or anti-government propaganda or activities, adult-themed or oriented material or services, gambling material or services, illegal activities or content, pornography or sexually explicit material or services, illegal drugs or business, alcohol, tobacco or firearms/weapons.
- Software that could disrupt, damage, disable, burden or impair the Community.
- Advertising (e.g. offering for sale products or services), soliciting or offering to sell any goods or services unrelated to your Business.
- Exceed the volume of messages in a given period of time that a single human can reasonably manually produce in the same period by using a conventional on-line web browser uploading Posts one at a time.
You must not:
- reproduce, duplicate, download, post, display, publish, re-license, transmit, copy, sell, resell, or exploit for any commercial purposes, any portion of, use of, or access to the Community.
- modify, create derivative works of, adapt, translate, reverse engineer, decompile, or disassemble any portion of any software available for download through the Community.
- disobey any requirements, procedures, policies or regulations established from time to time regarding use of this Community or any networks connected to this Community.
- use the Community to communicate any information, or to engage in any discussion, that would violate any law or regulation, including but not limited to applicable antitrust or competition laws.
- engage in hacking, cracking, “phishing”, “phreaking” or any other activity to circumvent established Internet security measures on the Community or elsewhere.
- disrupt the normal flow of communication and dialogue on the Community, causing a screen to scroll faster than other users are able to type, or otherwise acting in any way which adversely affects the ability of other users to engage in real time activities on the Community.
- remove any copyright, trademark, patent or other proprietary rights notice on any content or Post, either on the Community or any authorized downloaded copy.
- interfere with or disrupt the operation of the Community, or the servers or networks that provide the Community.
- harvest or collect emails or any information about other users or companies using this Community.
- use any robot, spider, Community search/retrieval application, or other manual or automatic device to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any of the Community.
- install, upload, post a virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or any other computer code, file, or similar program that is harmful, invasive or is otherwise intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.
If you believe in good faith that any material provided through the Community infringes upon your copyright, you may send notice to American Express requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following:
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner;
- sufficient identification of the allegedly infringing material;
- sufficient information as to the location of the allegedly infringing material so that it may be found on the Site and identified;
- the copyright owner name or person authorized to act on behalf of the copyright owner name, physical address, telephone number and, if possible, email address;
- a written statement by the copyright owner or person authorized to act on behalf of the copyright owner of 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 provided in the notice is accurate, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send American Express a counter-notice. All notices with respect to American Express should be sent to the American Express Copyright Agent. American Express suggests that you consult your legal advisor before filing a notice or counter-notice. American Express shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA.
American Express's Designated Agent to receive notifications of claimed copyright infringement is:
Tracey R. Thomas
American Express Travel Related Services Company, Inc.
General Counsel's Office
200 Vesey Street
New York, New York, 10285
Only DMCA notices should go to the Copyright Agent.
Enforcement: The provisions of this Alternative Dispute Resolution section may be enforced in a court of competent jurisdiction and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses (including attorney fees) incurred in obtaining the enforcement of this provision, to be paid by the party against whom enforcement is ordered.
You are solely responsible for all activity occurring under your username and password, and are prohibited from sharing or disclosing your username and password. Therefore, please safeguard your registration information. You should exit your account at the end of each usage session. You may not yourself or You must not allow others to impersonate or otherwise use your community username and password. You must promptly notify us of any unauthorized use of your community username and password or any other breach of security you become aware of involving or relating to this Community.14.2
You shall immediately contact us at 1.800.446.6307 in the event you become aware that the security of your username and/or password may have been compromised.14.3
If there is unauthorized use of your registered account/user name, or if a wireless device used to access the Community is lost or stolen, of if your phone number changes you must immediately notify us. We have the right to interrupt or restrict use or access to the Community, without notice to you, if we suspect fraudulent or abusive activity.14.4
You shall cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.
The Community may be accessed via wireless devices, however such access and use of the Community occurs across the networks of a number of wireless service providers. American Express 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 of thereof, including, without limitation, unavailability of wireless service, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection. American Express disclaims any responsibility for any wireless service used to access the Community.15.2
Use of the Community wirelessly involves 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 Mobile, 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 over the Internet from a mobile phone, we require that a "secure session" be established using Transportation Layer Security (TLS). American Express will treat your data in accordance with the Privacy Statement.15.3