Terms of Service
AOL Store Terms and Conditions
If you do not agree, do not access, use, or make purchases from the AOL Store.
- For your convenience, we use the following terms in this Agreement:
- "Products" means the services, software applications, and products you can buy through the AOL Store;
- "AOL Store" means our web-based services and applications in which you can review and purchase Products;
- "Partner" means the company with which AOL has partnered to bring you Product offerings through the AOL Store;
- "Partner's Agreement" means the end user license agreement or terms of service that our Partners may require you to accept as part of your purchase or registration of a particular Product that you purchase through the AOL Store; and
- "We" or "Us" means AOL Inc., its affiliates, subsidiaries and successors in interest.
- The AOL Store gives you the opportunity to shop and research Products, purchase Products, maintain an online account to help you manage and add, cancel or return Products that you have purchased through the AOL Store. We may add, change or discontinue the AOL Store or any offers for Products at any time without advance notice.
- AOL processes payments and handles all billing, cancellations, refunds, and returns for any purchase you make through the AOL Store, including Free Trials. You understand and agree that your purchase and use of any Product is also subject to any Partner’s Agreement that applies to such Product. You should read this Agreement and the Partner’s Agreement for the Product you are purchasing in their entirety before clicking "I AGREE".
- You agree to pay for all products and subscriptions that you purchase through the AOL Store, and we may charge any payment method you have provided for any such payments. We may, in our discretion, post charges to your payment method individually or we may aggregate your charges with other purchases you make through the AOL Store. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases. For your convenience, you authorize us to store your payment information and process all charges associated with the Product(s) purchased by you. If you purchase a subscription Product, periodic charges to your account will be billed in advance, unless otherwise expressly noted. You may be given the option to use a convenience feature that imports your payment information previously entered during a prior purchase from AOL, which we will use to process your Product order, and will store in connection with your account. It is your responsibility to maintain your online account, including current contact information and valid payment information, in order to continue to receive Products under monthly or other subscription plans. You can change your contact and payment information by logging on to myaccount.aol.com or through AOL KWs: My Account and Help. We may in some instances continue charging a payment method past its expiration date at our discretion and subject to the payment processors' or issuing bank's approval. Please note that once you purchase a Product on a periodic or subscription basis, your account will be charged as long as it remains active, even if you have not downloaded or used the Product or accessed your online account. All prices quoted in the AOL Store are in U.S. Dollars and all charges to your account will be made in U.S. Dollars unless we indicate another currency.
- If the Product you purchase is based on a monthly or other periodic subscription fee, the subscription fee will be automatically charged to your credit card or other payment method that you provided to us. At the expiration of each subscription term we will automatically renew your subscription and charge the credit card or other payment method you have provided to us, unless you cancel your subscription. Your subscription to the Product will be automatically renewed at the then-current price, excluding promotional and discount pricing. At any time, you may elect not to have your subscription to any Product renewed automatically by canceling the Product as provided in "Cancellation" below.
- You may cancel any Product subscription at any time by logging into your online account and terminating the Product subscription. If you are in a free trial period, your service may be discontinued immediately, and you will not receive any charges. If you are not in a free-trial period, your service will be discontinued at the end of your billing period. Please note that it is your responsibility to maintain your online account, including current payment information, in exchange for continuing to receive monthly use of a subscription-based Product. If your payment method or other online account information becomes invalid at any time, we may suspend or terminate the Products you have purchased. In such event, we will attempt to notify you, but may not do so in all cases, and you should not rely on us to ensure that your online account and payment information are current. We retain the discretion to suspend or terminate your account or any particular Products you have purchased at any time and we reserve the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by us in our efforts to collect any remaining balances from you.
- For some Products, we may offer from time to time free trials so that you may try the Product without charge or obligation ("Free Trial"). Any Free Trial is limited to one free trial per customer per product. Unless otherwise stated and unless you cancel your subscription prior to the expiration of the Free Trial, periodic subscription fees will be charged at the then-applicable rate upon expiration of the Free Trial period and will continue to be charged until the subscription is canceled. If you are not satisfied with a particular Product, you must cancel that service before the Free Trial ends to avoid charges.
- You may not use the AOL Store to: (1) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, (2) invade the privacy right of any person or entity; (3) violate the rights of others; (4) misrepresent the identity of a user; (5) impersonate any person or entity, including any employee or representative of AOL or our Partners; (6) tamper with or obtain unauthorized access to the AOL Store or any AOL Store account, computer systems or networks associated with the AOL Store, (7) conduct fraudulent or other illegal activities; (8) resell, transfer or sublicense any aspect of the AOL Store; or (9) collect or harvest information regarding other users of the AOL Store for any reason whatsoever, including, without limitation, for sending such users unsolicited bulk e-mail or other forms of unsolicited bulk communications.
- All text, images and other content ("Content") offered on the AOL Store are the property of the person or entity that provides the Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. You agree that you will not take any action to interfere with the ownership rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may use the Content only for personal, non-commercial purposes.
- We do not guarantee or warrant any of the performance specifications, warranties, functions or compatibility of any Product; these matters are governed by the Partner’s Agreement for the particular Product, which is incorporated herein by reference in its entirety. If you are dissatisfied with the AOL Store or any Product for any reason, you hereby agree that your sole remedy is to cancel or return the applicable Products and discontinue your use of the AOL Store. WE PROVIDE THE AOL STORE "AS IS," "AS AVAILABLE” AND WITH ALL FAULTS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ONE OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY, WHETHER EXPRESS OR IMPLIED.
- Limitation of Liability. WE, OUR AFFILIATES, AGENTS AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE AOL STORE OR ANY PRODUCT YOU ACQUIRE FROM THE AOL STORE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST OR MISAPPROPRIATED ACCOUNT INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE, OUR AFFILIATES, AGENTS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WE, OUR AFFILIATES, AGENTS AND PARTNERS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
- UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ARISE FROM A BREACH OF THIS AGREEMENT OR MISUSE OF A PRODUCT FOR WHICH YOU ARE RESPONSIBLE OR FROM YOUR USE OF THE AOL STORE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE INDEMNIFICATION IN THAT MATTER.
- You agree that all agreements and transactions between you and us, and between you and our Partners, will be done electronically. You agree to receive all notices and terms regarding the AOL Store and the Products either by (a) e-mail to you or by (b) posting them on the web page of the applicable service. To receive electronic notices, you must have access to the Internet and a current version of an Internet browser. You will need to provide your own printer if you want to print any of our terms.
- You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Virginia and you agree and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES.
- This Agreement (and the Partner’s Agreement for the Product you purchase) is the entire agreement between you and us and supersedes any other communications, oral or written, or advertising. We may assign this Agreement at any time. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of AOL or posted here electronically.