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Copyright

1. If any Content submitted by any other user or member infringes your copyright, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further details):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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 us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

American's designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
 
By mail:
American Airlines, Inc.
Attn:  AAdvantage Milestones Copyright Agent
P.O. Box 619616, MD 2729
DFW Airport, TX  75261-9616

By email:  copyright@aa.com

The telephone number of the Copyright Agent is 817-967-1390.

2. If you believe that any User Submission that we remove based on a notice of infringement under the DMCA is not infringing, you may send a counter-notice containing the following information to the Copyright Agent (see 17 U.S.C. Section 512(g)(3) for further details):

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which American may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) (that is, the person who alleged that the User Submission infringed any copyright) or an agent of such person.

Indemnity

You agree to defend, indemnify, and hold harmless American and its advertising agencies and other contractors or service providers and their respective parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors, assigns and sublicensees (collectively, "Indemnitees") from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys' fees) resulting from claims made against American or any other Indemnitees by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder or the Indemnitees' use or display of any of your User Submissions.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, AMERICAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.  AMERICAN MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER RELATING TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THE WEBSITE AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, "TROJAN HORSES," OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.  AMERICAN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AMERICAN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL AMERICAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMERICAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL AMERICAN HAVE ANY LIABILITY TO YOU WHATSOEVER RESULTING FROM (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMERICAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT AMERICAN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by American from its facilities in the United States of America.  American makes no representations that the Website is appropriate or lawfully available for use in other locations.  Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Waiver of Jury Trial and Right to Prosecute a Class Action

You hereby expressly waive any right to a trial by jury in regard to any action or proceeding brought by or against you in connection with your access to, dealings with, or use of the website, or american's use of user SUBMISSIONS to the fullest extent permitted by law in the applicable jurisdiction.  You agree and understand that you will not bring against American Airlines, or any of its affiliated entities, agents, directors, employees, and/or officers any class action lawsuit related to your access to, dealings with, or use of the Website, or American's use of User Submissions to the fullest extent permitted by law in the applicable jurisdiction. 

General

  1. No waiver by American of any provision or of any breach of these Terms and Conditions shall be effective unless it is in a writing executed by an authorized representative of American, and no such waiver shall constitute a waiver of any other provisions or any other or further breach.
  2. In the event that any provision of these Terms and Conditions shall be illegal or otherwise invalid or unenforceable, such provision shall be severed, and the balance of the Terms and Conditions shall continue in full force and effect.
  3. These Terms and Conditions have been entered into in the state of Texas and the validity, interpretation and legal effect of these Terms and Conditions shall be governed by the laws of Texas, without giving effect to its conflicts of laws principles.  You consent to the exclusive jurisdiction of the federal and/or state courts of Texas in regard to any dispute arising out of these Terms and Conditions.
  4. These Terms and Conditions, together with the accompanying Privacy Policy and any other legal notices published by American on the Website, set forth the entire understanding between American and you with respect to the subject matter of these Terms and Conditions.
  5. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned, sublicensed or otherwise transferred by American without restriction.
  6. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.  In any case, you affirm that you are over the age of 13, as the Website is not intended for children 13 years of age or younger.  If you seek to become a Registered User or to submit materials to the Website, you affirm that you are more than 18 years of age.
  7. You acknowledge that you and American are not engaged in and shall not be deemed to be engaged in a partnership, joint venture, joint enterprise, or agency relationship of any kind or for any purpose.
  8. The headings contained in these Terms and Conditions are used for convenience only and are not to be used in interpreting these Terms and Conditions.
  9. The American Privacy Policy and any other documents to which links are included in these Terms and Conditions are hereby incorporated into and made a part of these Terms and Conditions. 

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