AA BlackAtlas

Last Updated: October 15, 2009

ACCEPTING THESE TERMS AND CONDITIONS (INCLUDING THE ACCOMPANYING AMERICAN AIRLINES PRIVACY POLICY) AFFECTS YOUR LEGAL RIGHTS AND ENTERS YOU INTO A LEGAL AND BINDING AGREEMENT WITH AMERICAN AIRLINES, INC. ("AMERICAN"). PLEASE READ THESE TERMS AND CONDITIONS AND THE ACCOMPANYING PRIVACY POLICY VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS BEFORE ACCEPTING THESE TERMS AND CONDITIONS AND THE ACCOMPANYING PRIVACY POLICY AND USING THIS WEBSITE. BY CLICKING "I AGREE" BELOW, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, DO NOT USE, ACCESS OR SUBMIT ANY MATERIALS TO THIS WEBSITE.

American reserves the right to amend these Terms and Conditions (and/or Privacy Policy) at any time. American will notify Users of any material changes to the Terms and Conditions by updating these Terms and Conditions here and by including a "NEWLY UPDATED" label with the Terms and Conditions link on the Website for 30 days after any material changes are made. American will also send notice of any such material changes by e-mail to Registered Users. You will be notified of changes to American's Privacy Policy in a similar fashion, as explained in the accompanying Privacy Policy. Your use of the Website following any such amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

BlackAtlas Accounts

To access certain features of the AAdvantage BlackAtlas website (collectively, including all Content available at the http://www.blackatlas.com, the "BlackAtlas Website" or "Website"), you will have to create a BlackAtlas account, including a unique password. When setting up your account, you must provide true and accurate information. You are solely responsible for keeping your password secure and for any activity that occurs at the Website using your password. You must notify American immediately by e-mailing American at security@aa.com of any breach of security or unauthorized use of your account. You must never use another user's account without his or her authorization.

You will be liable for the losses of American or others due to any unauthorized use of your password or account.

Your User Submissions

As a BlackAtlas account holder you may submit material, including, but not limited to, audio, videos, pictures, other images, comments, and text. Any material submitted to the Website using your password are collectively referred to as "User Submissions."

1. By providing any User Submissions to the Website, you hereby grant American the following rights:

(a) An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free perpetual license under any copyright, trademark, right of publicity, right of privacy and other right in or relating to any User Submission to modify or create derivative works based upon such User Submissions and to use, copy, distribute, publicly display, publicly perform, reproduce and otherwise exploit such User Submissions and any such modifications or derivative works, including, without limitation, the title(s) and each and every element of the User Submissions or of any such modification or derivative work, in whole or in part, in any and all manner and media (whether now known or hereafter invented or discovered) and for any purpose, including, without limitation, on the Website and in advertising, publicity, promotional and marketing materials;

(b) An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free perpetual right to use your name, voice, image, likeness, signature and biographical data in connection with any User Submissions and any promotional activity, including, without limitation, on the Website and in credits, advertising, publicity, promotional and marketing materials; and

(c) An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free perpetual right to sublicense or assign or otherwise transfer to any other person or entity any rights granted by you under these Terms and Conditions.

2. You hereby acknowledge and agree that:

(a) American shall have the right to arrange, organize, classify and categorize any User Submissions and any modifications thereof or derivative works based thereon in any way it desires in American's sole discretion;

(b) American shall have the right to publish or display commentary or criticism submitted by other Users regarding or relating to any User Submission in American's sole discretion, and you waive any claims against American based upon any such commentary or criticism, including, without limitation, any claims for defamation;

(c) American shall not have any obligation to provide you with any credit when using any of your User Submissions, but in the event American chooses to provide you with credit the size and placement of the credit shall be at American's sole discretion;

(d) No confidential or fiduciary relationship exists between you and American, and no such relationships have been established by reasons of these Terms and Conditions or by reason of your submission of any User Submissions to American;

(e) To the maximum extent permitted under applicable law, you hereby waive any "droit moral" or "moral rights" that you may have in any User Submissions, and, accordingly, you hereby approve any and all uses, public performances, public displays, publications, reproductions and other exploitations of the User Submissions or of any modifications of or derivative works based thereon that American or any successor or transferee thereof or any third party sublicensed or otherwise authorized by American or any successor or transferee thereof, directly or indirectly, may make, and you expressly agree that no such uses, public performances, public displays, publications and other exploitations will or may cause harm to your honor or reputation and that no modification of or derivative works based upon any User Submissions by American or any successor or transferee thereof or by any third party sublicensed or otherwise authorized by American or any successor or transferee thereof, directly or indirectly, will be deemed to constitute a distortion or mutilation of any User Submissions;

(f) You are not authorized to create any derivative works based upon the Website or any part thereof, including any American or third party content thereon (other than your own User Submissions) (collectively, the "Content"), to copy, download, distribute, publish, publicly perform, publicly display, reproduce or otherwise exploit the Website or Content or any such derivative work, or to in any way use any American trademark, service mark, trade dress or trade name (including, without limitation, any American logo or slogan), and you agree not to do any of the foregoing;

(g) You will not issue any advertising or publicity concerning American or the User Submissions;

(h) Upon notice from American, you will immediately disable and remove any link to the Website or any part thereof, including, without limitation, to any User Submissions on any part of the Website;

(i) No User Submissions will include any link of any type to any address on the Internet or other network, including, without limitation, any page that is part of any other website;

(j) You are not entitled to any compensation or other payment from American in connection with any User Submissions or otherwise relating to the Website or any activity thereon;

(k) American has not made any promises or representations to you in order to induce you to provide any User Submissions;

(l) You will not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website or the Content;

(m) American reserves all rights not expressly granted in and to the Website and the Content;

(n) American does not endorse or recommend any Content submitted by any third party or any opinion, recommendation, or advice expressed therein, and American expressly disclaims any and all liability in connection with any Content; and

3. You represent and warrant that:

(a) You have the full power and authority to enter into these Terms and Conditions, to grant the rights herein and to perform all of your obligations set forth in these Terms and Conditions;

(b) You are the author of your User Submissions and each and every element of the User Submissions is an original work created by you;

(c) You are the sole and exclusive owner of your User Submissions and all of the trademarks, copyrights and other intellectual property contained therein;

(d) No third party is entitled to any compensation or payment as a condition for or in connection with the exercise of any rights granted hereunder relating to any User Submissions by American or any successor or transferee thereof or direct or indirect sublicensee of American or any successor or transferee thereof;

(e) No User Submissions violate the privacy or publicity rights of any person or include or reveal any trade secrets or other confidential information;

(f) No User Submission contains, depicts or promotes any (i) pornography or sexually explicit or suggestive content; (ii) obscene or offensive content, including any content that disparages any persons based upon race, color, religion, gender, national origin, sexual orientation, transgender status, handicap or age; (iii) other content that would be inappropriate for or potentially harmful to minors; (iv) content that libels, slanders or defames, or that would tend to harm, embarrass or reveal private facts about, any person or entity; (v) criminal or illegal acts; (vi) violent or dangerous acts; or (vii) viruses, "Trojan horses," spyware or other malicious or surreptitious code of any type or nature;

(g) Neither the distribution, nor the public performance, display, reproduction nor any other exploitation of your User Submissions shall violate any law, ordinance or regulation of any jurisdiction, whether inside or outside of the United States; and

(h) Your User Submissions do not constitute or contain an advertisement or solicitation of business of any kind.

4. You understand that American may use your User Submissions, in whole or in part, for advertising, marketing or promotional purposes.

5. You are solely responsible for your User Submissions, the consequences of posting or publishing your User Submissions, and any material or information that you transmit to other members and for your interactions with other users of the Website.

6. You shall not sue, and you irrevocably, unconditionally and entirely release, and forever discharge 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, jointly and individually (hereinafter collectively referred to as "Releasees"), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Releasees with respect to any exercise of any right granted hereunder or pursuant hereto and/or your decision to provide American with any User Submissions. Without limiting the generality of the foregoing, you specifically acknowledge that you shall not be entitled to equitable or injunctive relief, and you knowingly and voluntarily waive any such right, and you shall not seek to prevent or inhibit the exhibition, distribution, reproduction, broadcast or other use or exploitation of any of your User Submissions and any modifications or derivative works based on such User Submissions by American or any Releasee.

7. You acknowledge that your User Submissions may contain concepts, ideas, proposals, suggestions and the like. You hereby acknowledge and agree that:

(a) American receives numerous submissions from many parties and/or may have independently developed and/or considered similar concepts, ideas, proposals, suggestions or the like and that American's review of any concepts, ideas, proposals, suggestions or the like included in your User Submissions is not an admission of novelty, priority or originality; and

(b) American is authorized to use, disclose or otherwise exploit any concepts, ideas, proposals, suggestions or the like, whether or not based on your User Submissions, without any obligation to you whatsoever and without compensation to you.

8. You understand that American will be acting in reliance upon your grant of rights, representations, warranties and indemnities in these Terms and Conditions and may incur substantial expense in reliance upon such grant of rights, representations, warranties and indemnities.

9. You hereby acknowledge that you have kept a copy of any User Submissions for your own use and that American will not return any User Submissions provided by you. American shall have the right to retain or destroy any User Submissions at its sole discretion, and you hereby release American from any claims related thereto.

10. You shall not have the right to assign or otherwise transfer these Terms and Conditions or any of your rights, obligations or duties of performance herein and any such assignment or other transfer shall be null and void unless expressly accepted by American in writing, in its sole discretion. These Terms and Conditions are binding upon and shall inure to the benefit of the respective permitted sublicensees, successors, heirs and permitted assigns of the parties hereto.

Your Conduct

We welcome your participation in the AAdvantage BlackAtlas website and look forward to receiving and displaying your postings and submissions. As a user of the AAdvantage BlackAtlas website, we expect you to follow the important rules explained below:

• Do not post or use in your submissions obscene, pornographic, or sexually explicit or suggestive content. We will remove your posting or submission from our website should we discover that it contains such content. [In addition, we will report child exploitation and other evidence of criminal conduct to the appropriate authorities.]
• We expect you to obey copyright and other intellectual property laws. If your submission contains copyrighted material, you must obtain all necessary rights and licenses to use such material. Do not use recorded music or videos created by others, or clips of movies or television programs, in your postings or submissions. Do not include in your postings or submissions people (even people whom you know) singing songs written by others.
• Do not post or use in your submissions material that contains or displays dangerous or illegal acts, graphic or gratuitous violence or is offensive to a reasonable person.
• Do not post or use in your submissions material that is defamatory or contains hate speech, including slurs or the malicious use of stereotypes intended to attack or demean a particular gender, sexual orientation, transgender status, race, color, religion, handicap, age or nationality.
• Do not post or use in your submissions material that invades the privacy of another individual (for example, material that reveals confidential information about that person or depicts them engaging in sensitive, private behavior).
• Do not post or use in your submissions commercial solicitations, promotions or advertisements or false or misleading information.
• Do not engage in predatory behavior, staking, threats or harassment.

Violations of the Terms and Conditions governing the AAdvantage BlackAtlas website may result in termination of your account and deletion from our website of your postings or submissions. American will decide in its sole and exclusive discretion whether you have violated the Terms and Conditions governing the AAdvantage BlackAtlas website and whether your account will be terminated as a result. American reserves the right to amend these Terms and Conditions at any time. American will notify Users of any material changes to the Terms and Conditions by updating this page and by including a "NEWLY UPDATED" label with the Terms and Conditions link on the AAdvantage BlackAtlas website for 30 days after any material changes are made. American will also send notice of any such material changes by e-mail to Registered Users. Your use of the AAdvantage BlackAtlas website following any such amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

Account Termination Policy

1. American may, at any time and in its sole discretion, terminate your use of or access to the BlackAtlas Website with or without notice, including, without limitation, by cancelling your account and disabling your password. Further, American's policy is to terminate members and accounts that have, or that American believes have, repeatedly posted infringing materials to the Website or otherwise violated these Terms and Conditions.

2. American has the right but not the obligation to review and remove from the Website any User Submissions at its sole discretion and without notice. However, American has no responsibility for monitoring, filtering or pre-screening submissions and has no obligation to modify or remove inappropriate content and has no responsibility for the conduct of the user submitting any such content.

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 Tarrant County, 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.