Terms of Service
- Proprietary Rights. You acknowledge that you are aware that we own the copyrights in our Service and agree that you will not copy or modify the underlying code without our express written permission. Additionally, all content on the Service and available through the Service, including but not limited to trademarks, service marks, logos, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement along with the “look and feel” of the Service (the “Service Content”), are the proprietary property of us, our users or our licensors with all rights reserved. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on or transmit through the Service. Provided that you are eligible for use of the Service, you are granted a Limited License to access and use the Service and the Service Content and to download or print a copy of any portion of the Service Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. Except for your own User Content, you may not upload or republish Service Content on any Internet, Intranet or Extranet Service or incorporate the information in any other database or compilation, and any other use of the Service Content is strictly prohibited. Such license is subject to this Agreement and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the Limited Licence granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This Limited Licence is revocable at any time without notice and with or without cause.
- Eligibility. Use of and membership to this Service is void where prohibited. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate (e.g., you agree that you have the legal right to use the email address(es) you provide); (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation. Your profile may be deleted and your membership or account may be terminated without warning if we believe that you have failed to adhere to the aforementioned. Moreover, if you, in our sole discretion, are determined to violate this Agreement (or any of our other applicable documents, policies or guidelines) or otherwise engage in infringing behavior or behavior that is inconsistent with the spirit of this Agreement, we may investigate such violations or behavior and may take any action we deem appropriate, including without limitation, suspending or terminating your access to the Service and your account and reporting any suspected unlawful activity to law enforcement officials (and disclosing any of your user information to such officials), and pursuing any other remedy available at law or in equity.
- Registration Data; Account Security. To access certain features and participate in certain services of the Service, you must create an account with us. In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service (“Registration Data”); (b) maintain the confidentiality and security of your account password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. We assume no liability for any losses caused by unauthorized use of your account; you, however, may be liable for our or others’ losses owing to such unauthorized use. Your account, username, and password are non-transferable by you. We reserve the right to refuse or change any username for any reason whatsoever.
- Your Conduct. In addition, you agree not to use the Service to:
- harvest or collect email addresses or other contact or personally identifiable information of other users from the Service by electronic or other means nor use the communication systems provided by the Service (e.g., the email delivery mechanism and any similar features that may be added from time to time, such as comments and chat features) for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
- use automated scripts (including without limitation, “robots” or “spiders”) to collect information from or otherwise interact with the Service;
- register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity other than a business in which you are a member or another member who has granted you express permission to do so;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Service any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifiable information or content posted by other users of the Service for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Service, or authorize another party to use your account;
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our Users to any harm or liability of any type;
- copy, duplicate, sell or otherwise similarly reproduce or offer the Service on a third party webservice or download or replicate the Service Content. In particular and without limiting the foregoing, you will not engage in such behavior for any commercial purposes; or
- access content posted by other users on the Service through any technology or means other than the particular devices available on the Service, or other explicitly authorized means that we may designate.
- Third-Party Webservices and Content. The Service contains (or you may be sent through the Service) links to other webservices (“Third-Party Services”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third-Party Services, Software or Content”). Such Third-Party Services and Third-Party Services, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Services accessed through the Service or any Third-Party Services, Software or Content posted on, available through or installed from the Service, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Services or the Third-Party Services, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Service or any Third-Party Services, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third-Party Services or use or install any Third-Party Services, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern this usage. You should review the applicable terms and policies, including privacy and data gathering practices, of any Service to which you navigate from the Service or relating to any applications you use or install from the Service.
- We are not responsible or liable in any manner for any User Content (specifically including, but not limited to, Media) or Third-Party Service, Software or Content posted on the Service or in connection with the Service, whether posted or caused by Users of the Service, by us, by third parties or by any of the equipment or programming associated with or utilized in the Service. Although we provide terms for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service or in connection with any User Content or Third-Party Service, Software or Content. We are not responsible for the conduct, whether online or offline, of any user of the Service.
- The Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or the Service or at any Service or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances are we responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Service, any User Content or Third-Party applications, Software or Content posted on or through the Service or transmitted to users, or any interactions between users of the Service, whether online or offline.
- The Service, including any platform applications, downloadable software and the Service Content are provided “as is” and we disclaim any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. We neither guarantee nor promise any specific results from use of the Service and/or any platform applications and cannot guarantee that the Service is absolutely secure. We do not represent or warrant that software, content or materials on the Service or any platform applications are accurate, complete, reliable, current or error-free or that the Service or its servers, or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the Service and any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
- We reserve the right to change any and all content, software and other items used or contained in the Service and any services offered through the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
- Limitation of Liability.
- In no event will we or our directors, employees, representatives, affiliates or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Service, any platform applications or any of the Service Content or other materials on, accessed through or downloaded from the Service, even if we are aware or 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 the amount paid, if any, by you to us for the service during the previous one (1) year of membership, but in no case will our liability to you exceed One Thousand Euros (€1,000). 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 may have additional rights.
- Termination. We may terminate your membership or account, delete your profile and any content or information that you have posted (including, without limitation, any User Content) on the Service or through any platform application and/or prohibit you from using or accessing the Service or any platform application (or any portion, aspect or feature of the Service or any platform application) for any reason, at our sole discretion, with or without notice, including without limitation if we believe that you are under 18 or otherwise ineligible to use the Service as provided in Section 2.
- Governing Law; Venue and Jurisdiction. By visiting or using the Service, you agree that the laws of England & Wales, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than courts in London, England, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in London, England. We may provide you with notices (or, if applicable, serve process upon you) using any contact information (e.g., email address, postal address, or fax number) supplied by you in your membership or account registration. Notice will be deemed served when communicated to any contact provided by you, and at our sole discretion as to which.
- You and we agree that, except as may otherwise be provided in regard to specific services on the Service in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of this Agreement, the Service and/or the service (including your visit to or use of the Service and/or the service) shall be final and binding arbitration, except that: (i) to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our patent, copyright, trademark or trade secret rights or any other rights we are entitled to enforce (whether on our own behalf or on behalf of another), or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that we may be entitled to seek injunctive or other appropriate relief without the necessity of posting a bond; and (ii) no disputes or claims relating to any transactions you enter into with a third party through this Service may be arbitrated.
- Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration “LCIA” Rules (2014), which Rules are deemed to be incorporated by reference into this clause.
The seat, or legal place, of arbitration shall be in London, England.
The language to be used in the arbitral proceedings shall be English.
The governing law of the contract shall be the substantive law of England & Wales.
- To the fullest extent permitted by applicable law, no arbitration or claim under this Agreement shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the service, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Service (including your visit to or use of the Service) be commenced more than one (1) year after the cause of action arose.
- Indemnity. You agree to indemnify and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any Media or other User Content, any Third-Party Service, Software or Content you post or share on or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service (specifically including third parties to whom you send Media or other User Content using the Service), or any violation of this Agreement or of any law or the rights of any third party. This indemnification obligation, along with any representations and warranties made by you hereunder, will survive the termination of this Agreement and your use of the Service.
- Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, correspondences or other information about the Service (“Submissions”), provided by you to us are non-confidential and shall become the sole property of AmazeOwl. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions (excluding any Media or specific, identifiable references to particular Media, and any personally identifiable information concerning you) for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Furthermore, you acknowledge and agree that we do not guarantee any confidentiality with respect to User Content or any other content or information you post on the Service, and that we have no liability with respect to any infringement (or alleged infringement) or other such misappropriation of any proprietary right in User Content or other content or information you post on the Service. Subject to the foregoing, in the event you send us Submissions regarding particular Media, we will endeavor to maintain the confidentiality of the existence of the Media, the contents of the Media, and your possession of the Media, and shall not distribute the Media to any person other than those necessary in order to address the Submission.
- Assignment. You have no right to assign or transfer this Agreement or any rights or licenses granted or any obligations hereunder. We, in our sole discretion, may assign same without restriction.