4k4c Site Terms

Welcome to the 4k4charity site (the “4k4c Site”). Elemental Technologies LLC and/or its affiliates (“AWS Elemental,” “we,” “our” or “us”) provides the 4k4c Site to you subject to the following terms of use (“Site Terms”). By visiting the 4k4c Site, you accept the Site Terms. Please read them carefully. In addition, when you use register or participate in any 4k4charity event, you also will be subject to the 4k4charity Event Terms (the “Agreement”).

PRIVACY

Please review our Privacy Policy, which also governs your visit to the 4k4c Site, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the 4k4c Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the 4k4c Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on the 4k4c Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AWS Elemental, its affiliates or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the 4k4c Site is the exclusive property of AWS Elemental or its affiliates and protected by U.S. and international copyright laws. All software used on the 4k4c Site is the property of AWS or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

“4k4charity”, “4k4c” and other AWS Elemental and 4k4charity graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of AWS Elemental or its affiliates in the U.S. and/or other countries. AWS Elemental’s trademarks and trade dress may not be used in connection with any product or service that is not AWS Elemental’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AWS Elemental or the 4k4charity. All other trademarks not owned by AWS Elemental that appear on this 4k4c Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AWS Elemental or the 4k4charity.

LICENSE AND SITE ACCESS

AWS Elemental grants you a limited license to access and make personal use of the 4k4c Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AWS Elemental. This license does not include any resale or commercial use of the 4k4c Site or its contents; any derivative use of the 4k4c Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by AWS Elemental in a separate license, your right to use any data, documentation or other materials that you access or download through the 4k4c Site is subject to these Site Terms.

The 4k4c Site or any portion of the 4k4c Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AWS Elemental. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AWS Elemental without express written consent. You may not use any meta tags or any other “hidden text” utilizing AWS Elemental’s name or trademarks without the express written consent of AWS Elemental. Any unauthorized use terminates the permission or license granted by AWS Elemental. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the 4k4c Site, so long as the link does not portray AWS Elemental, its affiliates, the 4k4charity or of their events, products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AWS Elemental or 4k4charity logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use the 4k4c Site, you are responsible for maintaining the confidentiality of your AWS account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AWS Elemental reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. If you are under 18, you may use the 4k4c Site only with involvement of a parent or guardian.

COPYRIGHT COMPLAINTS

AWS Elemental respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

OTHER SITES

We may provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Amazon. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Amazon does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE 4K4C SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AWS ELEMENTAL ON AN “AS IS” AND “AS AVAILABLE” BASIS. AWS ELEMENTAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS 4K4C SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 4K4C SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS 4K4C SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AWS ELEMENTAL DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 4K4C SITE; ITS SERVERS; OR E-MAIL SENT FROM AWS ELEMENTAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AWS ELEMENTAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE 4K4C SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE 4K4C SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the 4k4c Site, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and AWS.

DISPUTES

Any dispute or claim relating in any way to your use of the 4k4c Site, or to any participation in a 4k4charity event, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Site Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, AWS Elemental will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies on the 4k4c Site. These policies also govern your visit to the 4k4c Site. We reserve the right to make changes to the 4k4c Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Legal Department
Elemental Technologies LLC
1320 SW Broadway Suite 400
Portland, OR 97201
[email protected]

With copy to:
Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
http://aws.amazon.com

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AWS Elemental that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and 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 notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

AWS Elemental’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent/Amazon Web Services
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
e-mail: [email protected]

Courier address:
Copyright Agent/Amazon Web Services
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA