Terms of Use

Effective and last updated: June 26, 2013

This website is owned and operated by Armed Forces Communications, Inc. d/b/a Refuel Agency (“AFC”, “us”, “we”, or “our”). These Terms of Use (the “Terms of Use”) contain the terms and provisions applicable to you (a “User”) and your access to and use of this website (the “Site”). Your use of this Site (and any other feature, content or application offered from time to time by the Site) is subject at all times to these Terms of Use (as AFC may change from time to time) and all applicable laws, rules and regulations. If you have any questions about these Terms of Use, please contact us at: info@refuelagency.com.

  1. Acceptance of Terms.

    By accessing this Site, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, please do not access or use this Site. These Terms of Use may be modified, changed or altered by AFC at any time without prior notice. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use. Nonetheless, we will endeavor to notify you of any changes by posting such changes to these Terms of Use on the Site. Your continued access of the Site after such changes are made confirms and establishes your acceptance of such changes.

  2. 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.

  3. Permitted Uses.

    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. Material from this Site may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent or that of the contributing party, as applicable. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Site and may subject you to legal liability. You agree not to use the Site for illegal purposes (including, without limitation, unlawful, harassing, libelous, abusive, threatening, or obscene purposes or invasion of another’s privacy or rights) and you agree that you will comply with all laws, rules and regulations related to your use of the Site. Appropriate legal action will be taken for any illegal or unauthorized use of the Site. By way of example and not in any way in limitation, examples of unauthorized or illegal use of this Site include:

    1. collecting usernames and/or email addresses of Users for the purpose of sending unsolicited email;
    2. the unauthorized framing by you of the Site;
    3. criminal or tortious activity, including fraud, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    4. any automated use of the system, such as using scripts to alter your content;
    5. interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
    6. attempting to impersonate another User or person;
    7. 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;
    8. 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;
    9. using the Site in a manner inconsistent with any and all applicable laws and regulations or these Terms of Use.
  4. No Warranty.

    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.

  5. Links to Third Party Sites.

    The Site may provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and terms of use policies of each third party’s website that you access.

  6. Privacy Statement.

    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.militaryscapes.com/privacy and is incorporated as part of this Agreement by reference.

  7. User Material.

    In general, the content contained on the Site is supplied by AFC, third party contributors and other Users. In no event will anything contained in these Terms of Use or any area of the Site be construed by AFC as a representation or guarantee with respect to any of the content. AFC does not guarantee the accuracy, completeness or usefulness of any content. Furthermore, AFC does not endorse, nor is it responsible for, the accuracy and reliability of any opinion, advice or statement made on the Site by any third party (including, without limitation, Users). AFC assumes no responsibility and no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. 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:

    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person’s copyrighted work;
    9. 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;
    10. solicits passwords from Users or personal identifying information for commercial or unlawful purposes from other Users;
    11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
    12. 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.

  8. No User Material Monitoring.

    AFC is under no obligation to screen or monitor Material, but may review Material from time to time at its sole discretion to review compliance with these Terms of Use. AFC wil have the sole right in its absolute discretion to determine what Material is appropriate. AFC may include, edit or remove any Material at any time without notice.

  9. Termination of Access.

    In addition to any right or remedy that may be available to AFC under these Terms of Use or applicable law, AFC may suspend, limit or terminate your access to the Site, at any time with or without notice and with or without cause. In addition, AFC may refer any information on illegal activities, including your identity, to the proper authorities.

  10. 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 Agency, 151 West 26th Street, 12th Floor, New York, NY 10001, Attention: Andrew Sawyer, President, (646) 571-2670, asawyer@refuelagency.com.

  11. Indemnity.

    You agree to defend, indemnify and hold AFC, its subsidiaries, and affiliates, and each of their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein).

  12. User Disputes.

    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.

  13. 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).

  14. 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.

  15. Miscellaneous.

    Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Site are personal to you and may not be transferred or assigned. These Terms of Use are governed by U.S. federal law and the laws of the State of New York regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York in all disputes arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. AFC’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of AFC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Site), constitutes the entire understanding between you and AFC.

    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.