Terms of Service

Content & IP Rights · Restriction or exception

You may not use American Express or third-party trademarks, including as metatags, without written permission

American Express says the trademarks, logos and service marks it calls “Marks” that appear on the Sites belong to American Express and other parties. Users are prohibited from using any Marks for any purpose, and the example given is use as metatags on other pages, websites or digital properties, unless American Express or the third party that owns the Marks gives written permission. The permission has to be in writing and from the owner of the particular Mark.

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COPYRIGHT/TRADEMARKS

The trademarks, logos and service marks ("Marks") displayed on the Sites are the property of American Express and other parties.

Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages, websites or digital properties without the written permission of American Express or such third party which may own the Marks.

Qualifications & exceptions

• “Including, but not limited to” means metatag use is an example, not the only covered use.

Not stated here

• The text does not say how to ask for permission or who grants it.
• A later list of American Express marks is described as not comprehensive; it is read in its own section.

Cross-references

• referred to by (model-proposed): American Express lists trademarks and service marks that may appear on the Sites and says the list is not comprehensive — The later list names marks of American Express Company, its subsidiaries and affiliates that may appear on the Sites. The earlier Marks rule requires written permission to use any Marks. The list is not comprehensive, so it does not limit which marks the rule covers.

Content & IP Rights · Restriction or exception

Site content, including software, is stated to be copyrighted; users may not copy or use it commercially or publicly

American Express defines “Content” as all information and content, including any software programs, available on or through a Site, and says it is protected by copyright. It then prohibits users from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial or public purposes. The words “for commercial or public purposes” come at the end of the list of acts. The text does not say whether they limit every act in the list or only the last one (“using”), so how this treats personal, non-commercial viewing or copying is not stated. Unlike the Marks sentence, this one names no written-permission exception.

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All information and content including any software programs available on or through a Site ("Content") is protected by copyright.

Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through a Site for commercial or public purposes.

Qualifications & exceptions

• The prohibited purposes are “commercial or public”; the text does not define either word.

Not stated here

• Whether the purpose phrase applies to the whole list of acts or only the final one is ambiguous in the source and left open here.
• No personal-use or fair-use permission appears in this section; whether one exists elsewhere is not shown.

Content & IP Rights · Context

American Express lists trademarks and service marks that may appear on the Sites and says the list is not comprehensive

Under the heading Trademarks and Service Marks, American Express says the following are trademarks and service marks of American Express Company, its subsidiaries and/or affiliates which may appear on the Sites, and that this is not a comprehensive list. The names listed include AMERICAN EXPRESS, the Box Logo, the Card Design, AMERICAN EXPRESS NATIONAL BANK, AMERICAN EXPRESS SELECTS, SAFEKEY, MEMBERSHIP REWARDS, BLUE FROM AMERICAN EXPRESS, CENTURION, GLOBAL ASSIST, OPTBLUE, PLATINUM CARD, PLUM CARD, and others. A mark missing from the list is not stated to be unprotected.

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Trademarks and Service Marks

The following are trademarks and service marks of American Express Company, its subsidiaries and/or affiliates which may appear on the Sites. This is not a comprehensive list.

AMERICAN EXPRESS

AMERICAN EXPRESS Box Logo

AMERICAN EXPRESS Card Design

AMERICAN EXPRESS NATIONAL BANK AMERICAN EXPRESS SELECTS

AMERICAN EXPRESS SAFEKEY AMERICAN EXPRESS WORLD SERVICE & Design

AMERICAN EXPRESS @ WORK AMEX

BLUE FROM AMERICAN EXPRESS

BLUE FROM AMERICAN EXPRESS Card Design

CASH MAGNET CENTURION

DON’T LIVE LIFE WITHOUT IT DON’T DO BUSINESS WITHOUT IT Gladiator Head Design GLOBAL ASSIST

Globe Design

MEMBERSHIP REWARDS

OPTBLUE PAY IT PLAN IT PLATINUM CARD

PLUM CARD POWERFUL BACKING SHOP SMALL SMALL BUSINESS SATURDAY THE CENTURION

Qualifications & exceptions

• The list describes marks owned by American Express Company, its subsidiaries and/or affiliates; the earlier Copyright/Trademarks section also mentions marks of other parties.

Not stated here

• The text does not say what use of a listed mark is permitted beyond the written-permission rule in the earlier Marks section.

Cross-references

• refers to (model-proposed): You may not use American Express or third-party trademarks, including as metatags, without written permission — The later list names marks of American Express Company, its subsidiaries and affiliates that may appear on the Sites. The earlier Marks rule requires written permission to use any Marks. The list is not comprehensive, so it does not limit which marks the rule covers.

Content & IP Rights · Context

American Express lists 68 U.S. patents it owns or licenses that relate to Site products; the list is not complete

Under the heading Patents, American Express says the listed numbers are U.S. patents that American Express Company, its subsidiaries “or/or” affiliates own or hold a license to, which relate to products or services that may appear on its Sites, and that this is not a comprehensive list. The saved text then gives 68 patent numbers, 57 in three runs of 19 and 11 individually. The wording “or/or” is quoted as written. The text states no user right or duty about the patents.

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Patents

The following are U.S. patents that American Express Company, its subsidiaries or/or affiliates own or hold a license to, which relate to products or services that may appear on our Sites. This is not a comprehensive list.

6,182,894 6,290,137 6,296,188 6,324,524 6,405,181 6,490,601 6,567,791 6,581,839 6,705,530 6,718,313 6,732,936 6,742,704 6,749,123 6,764,014 6,795,812 6,796,497 6,820,802 6,931,381 6,986,461

6,986,465 6,988,658 6,991,157 6,997,378 7,035,872 7,070,095 7,070,112 7,093,767 7,110,980 7,119,659 7,124,955 7,137,552 7,143,063 7,147,151 7,163,145 7,172,112 7,203,838 7,207,479 7,213,764

7,222,363 7,228,155 7,228,313 7,239,226 7,249,092 7,249,112 7,268,667 7,268,668 7,328,176 7,334,184 7,343,351 7,346,576 7,350,139 7,356,694 7,373,314 7,377,443 7,383,190 7,412,409 7,415,443

7,421,739

7,441,697

7,451,925

7,840,484

8,694,435

9,087,335

9,542,690

9,589,264

9,607,308

9,769,157

9,934,537

Qualifications & exceptions

• The patents are described as owned or licensed by American Express Company or its subsidiaries or affiliates.

Not stated here

• What any listed patent covers, and whether a listed patent affects use of a Site or card service, is not stated.

Content & IP Rights · Restriction or exception

American Express may decline or remove unlawful, harmful, impersonating, advertising and other listed Postings

The list of Postings American Express may decline or remove covers: unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful or otherwise objectionable material, including material that encourages criminal or civil-liability conduct; advertisements or solicitations of any kind; messages impersonating others; messages by non-spokesperson employees of American Express purporting to speak for it, containing confidential information or expressing opinions about it; messages offering unauthorized downloads of copyrighted or private information; multiple messages in a folder by the same user restating the same point; and chain letters. The advertisements item carries a bracketed note that it is not applicable for Sites with message boards containing classified advertisements.

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Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind

Advertisements or solicitations of any kind. [Note - This is not applicable for those Sites with message boards containing classified advertisements.]

Messages posted by users impersonating others.

Messages by non-spokesperson employees of American Express purporting to speak on behalf of American Express or containing confidential information or expressing opinions concerning American Express.

Messages that offer unauthorized downloads of any copyrighted or private information.

Multiple messages placed within individual folders by the same user restating the same point.

Chain letters of any kind.

Qualifications & exceptions

• The list is the set of Postings American Express says it may decline or remove; it is introduced as material the Postings “contain”.

Not stated here

• The text does not say which Sites have classified-advertisement message boards.
• The list does not say whether American Express may act on other kinds of Postings not listed.

Content & IP Rights · Procedure

American Express may remove allegedly infringing Content and takes infringement notices at a named email address

Under the heading Digital Millennium Copyright Act, American Express says it has registered an agent with the United States Copyright Office under the Act and avails itself of the protections under the Act. It reserves the right to remove any Content on a Site which allegedly infringes another person's copyright. Notices about alleged infringement should be directed to American Express' General Counsel's Organization, Attn.: Technology Counsel, at dmca@aexp.com.

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DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO AMERICAN EXPRESS REGARDING ALLEGED COPYRIGHT INFRINGEMENT

American Express has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act.

American Express reserves the right to remove any Content on the Site which allegedly infringes another person's copyright.

Notices to American Express regarding any alleged copyright infringement on the Site should be directed to American Express' General Counsel's Organization Attn.: Technology Counsel at dmca@aexp.com.

Not stated here

• The text does not describe what a notice must contain, any counter-notice step or any repeat-infringer policy.