TERMS & CONDITIONS
USE OF WEBSITE
PROMOTIONS & SPECIAL OFFERS
From time to time, ATA offers promotions, sales, discounts, and special offers. These offers (under various names) may be subject to their own specific and additional terms and conditions displayed on the marketing materials. Please be sure that you have read and understand all of these terms and conditions before you purchase any of the products or services offered in association with these offers.
All of the content on this Website, including, but not limited to, page headers, images, illustrations, graphics, photographs, audio and video clips and text (collectively the “Content”) is the exclusive property of ATA and/or is subject to copyright, trademark, service mark, trade dress and/or other intellectual property rights or licenses (collectively “Intellectual Property”) held by ATA. Except as expressly provided herein, your use of any of the Intellectual Property is strictly prohibited. You may download, print, and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of such downloading. ATA reserves complete title and full Intellectual Property rights in any Content you download from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the Content.
NOTICE OF COPYRIGHT INFRINGEMENT
ATA respects the Intellectual Property rights of others. Please notify us immediately at the address provided below if you believe that any of the Content infringes your copyrights. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), to be effective the notification should include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit ATA to locate the material on our websites and apps;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
All notices should be sent to:
American Trophies and Awards
4545 Industrial St., Suite 6A
Simi Valley, CA 93063
PERSONALIZED ENGRAVING/GIFT MESSAGES
The personalization/customization services and gift messages available to our customers are subject to certain guidelines, which prohibit obscene, profane, harassing, threatening, discriminatory, abusive, invasive of privacy rights, or otherwise objectionable language, as we may determine.
ATA reserves the right, but is not obligated, to restrict or remove any and all content from a personalization request or gift message that we may determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other ATA customers, or to any other person or entity.
ATA does not claim ownership of any Content you submit or make available. However, with respect to all such Content, including, without limitation, creative ideas, suggestions, content, postings, artwork, material, drawings, notes, comments, images, or other submissions that you send, upload, transmit, post, submit or otherwise make available to us, whether via the Website, email, feedback, a public forum or otherwise, you hereby grant ATA the worldwide, perpetual, royalty-free, irrevocable, transferable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from, commercialize, and exploit in any manner without your consent, on the Website, or any other websites, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed.
You acknowledge that you and your successors are not entitled now, or in the future, to any compensation for any Content that you may submit or post. You and your successors hereby waive any and all rights and remedies you may have against ATA, its affiliates, or any respective officers, employees, or agents now, or in the future, and hereby release ATA, its affiliates, or any respective officers, employees or agents from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind relating to providing, posting, transmitting or making available Content to ATA or ATA receiving, evaluating and utilizing the Content.
The unauthorized submission or distribution of copyrighted material or other proprietary third-party Content is illegal and will subject you to personal liability for damages. You, not ATA, or its affiliates, sponsors, employees, or the like will be liable for any damages resulting from infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By uploading Content, you claim rightful ownership of that Content and are confirming your have authorization to allow us permission to use said Content. You also warrant that you own, or otherwise control all of the rights to any Content you transmit to ATA through submission to the Website, and that the creation of the piece, public or private use of the Content including posting, will not infringe the rights of any third party.
THE COMPANY’S RIGHTS
ATA is not responsible for screening, policing, editing, or monitoring Content. ATA (or its affiliates) may elect, but is not obligated, to monitor, electronically or otherwise, and may disclose any Content, records, or electronic communication of any kind and information you provide, (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate ATA’s overall business or services; or (iii) to protect the rights or property of ATA, users of our services, affiliates, customers, recipients, merchants, or others. Subject to copyright provisions above, if notified or allegedly infringing, defamatory, damaging, illegal, or offensive Content, ATA may investigate the allegation and determine, in its sole discretion whether to remove or request the removal of such Content.
DISCLAIMERS AND LIMITS OF LIABILITY
Except as otherwise specifically set forth to the contrary herein, and the fullest extent permitted by law, you expressly agree that use of the service we provide is at your sole risk. Neither ATA, nor its affiliates, nor any of its employees, agents, providers, merchants, sponsors, or the like, warrant that the Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of our service, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website.
Except as otherwise specifically set forth to the contrary herein, the service is provided on an “as is”, “as available” basis, and ATA specifically disclaims warranties of any kind, either expressed or implied. No oral advice or written electronically delivered information given by the company or its affiliates, or any of its officers or employees, agents, providers, merchants, sponsors, or the like, shall create any warranty whatsoever.
Except as otherwise specifically set forth to the contrary herein, to the fullest extent permitted by law, under no circumstances shall ATA, its affiliates, nor any other party involved in creating, producing, manufacturing, distributing, marketing, or selling the service, products, services or this website, be liable for any direct, indirect, incidental, special, or consequential damages, including without limitation, lost profits that result from the use of or inability to use the Website, including but not limited to, reliance by you on any information obtained, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of Website performance.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, Californians are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.