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Terms of use

These Terms of Use govern your access to and use of Amateous’ websites located at Amateous.com (the “Site”), through which users may access and use the Amateous app and any other products and services we make available as part of the Amateous project (collectively the “Services”).

These Terms of Use and all policies referenced in this document or elsewhere on the Site which are incorporated herein by reference govern your access to and use of the Site and Services. In the event of any conflict between these Terms of Use and any other clickthrough agreement made available to you by Amateous, the clickthrough agreement shall control and govern. These Terms of Use are a legal agreement between you and Amateous and apply to you whether you are an Amateous user or a visitor just browsing the Site or the app (collectively, “Amateous Users”). These Terms of Use limit Amateous’ liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.

Your access to and use of the Site, the app, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use in their entirety, you may not access or use the Site or Services.

Modification of Terms of Use

You acknowledge and agree that Amateous may revise these Terms of Use from time to time. By continuing to access or use the Site, Content, or Services after Amateous makes any such revision, you agree to be bound by the revised Terms of Use.

Eligibility and Registration

In order to access certain features of the Site and Services, and to post any content on the Site or via the Services, you may be required to create a Amateous account and become a “Amateous Member”. To become a Amateous Member you must be at least 18 years of age and/or over the age of majority in the jurisdiction which you reside. Amateous Members will not be employees, agents or contractors of Amateous. The Site, Services and access to a Amateous account are not available to temporarily or indefinitely suspended Amateous Members.

You understand and acknowledge that when using Amateous.com or the app, you will be exposed to applications from a variety of sources, and that Amateous is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such applications. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Amateous with respect thereto, and agree to indemnify and hold Amateous, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website or the Amateous app. You agree that Amateous may at its sole discretion have the right to refuse to publish, remove, or block access to any application or content that is available via the Website, Amateous app or other Amateous network or services at any time, for any reason, or for no reason at all, with or without notice.

Our Privacy Policy at http://www.amateous.com/privacy contains information about our policies and procedures regarding the collection, use and disclosure of information we receive from Amateous Users.

You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Amateous account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Amateous account, whether or not you have authorized such activities or actions. You agree to immediately notify Amateous of any unauthorized use of your username, password or Amateous account.

Proprietary Rights and Licenses

Definitions

Certain types of content are made available through the Site and Services. “Amateous Content” means, collectively, the text, data, graphics, images, Amateous trademarks and logos and other content made available through the Site and Services, including any technology or code making up the Amateous App, excluding Member Content. “Member Content” means, collectively, the text, data, graphics, images, photos, audio or video files, communications, bulletin board messages, chat, graphics and other content and information which Amateous Members post, upload, link and otherwise submit to or via the Site or Services, including, any advertisement related content provided via a campaign or the website(s) owned or controlled by a Amateous Member.

Member Content

You retain all rights in your Member Content. However, by uploading, posting, submitting, linking to or otherwise transmitting any Member Content on or via the Site, App or Services, you hereby grant to Amateous a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access your Member Content in connection with the Services and Amateous’ (and its successors) business including, without limitation, for promotion, ad illustration and redistributing part or all of the Services (and derivative works thereof), in any media formats and through any media channels. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Amateous. You acknowledge and agree that your posting of or linking to Member Content will comply with the guidelines and restrictions set forth in these Terms of Use.

You acknowledge and agree that Amateous may, at its option, reclassify or recategorize or delete any Member Content and establish limits concerning Member Content, including, without limitation, the maximum number of days that Member Content will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that may be allotted to you for the storage of Member Content on Amateous’ servers. Amateous will have no responsibility or liability for maintaining copies of Member Content on our servers, and you are solely responsible for creating back-ups of your Member Content.

Amateous Content

Amateous and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, Amateous Content and any other content made available through the Site or Services contained therein, other than your Member Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App, Services, Amateous Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, Amateous Content or any other content made available through the Site or Services (other than your Member Content).

Disclaimer

Amateous does not guarantee that any content (including without limitation Amateous Content or Member Content) will be made available through the Site or Services, continuously or at all. WHILE Amateous IS UNDER NO OBLIGATION TO DO SO, Amateous reserves the right to remove and permanently delete any Content from the Site or services without notice, AND FOR ANY REASON Amateous DEEMS SUFFICIENT. Amateous does not have any obligation to monitor the Member Content that is uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Member Content or anything said, depicted or written by Amateous Members or end users, including, without limitation, any information obtained by using the Site or Services. Amateous does not endorse any Member Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Amateous with respect thereto.

General Prohibitions

Post, publish or transmit any Member Content that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) promotes bigotry, racism, hatred or harm against any individual or group; (v) infringes another’s rights, including any intellectual property rights; or (vi) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

Amateous respects the intellectual property rights of others and expects users of the Site to do the same.

Digital Millennium Copyright Act Compliance

Amateous respects the intellectual property rights of others and expects users of the Site to do the Amateous App Managere. At Amateous’ discretion and in appropriate circumstances, Amateous may terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Amateous’s designated agent for notice of alleged copyright infringement appearing on the Site is:

Amateous
14, r. fon de l’hospital
St Jean de Vedas
about (at) amateous (dot) com

Any notice or other communication to be given hereunder will be in writing and given (x) by Amateous via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to “about (at) amateous (dot) com” or to such other addresses as Amateous may specify in writing

Filing a notice of infringement with Amateous requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site,http://lcweb.loc.gov/copyright/ (visited January 26, 2009).

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that Amateous is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Amateous of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

If you violate any of these Terms of Use, your permission to use the Site, App, Content, and Services will automatically terminate. Amateous reserves the right to revoke your Amateous account and your access to and use of the Site, Content, and Services at any time, with or without cause. Amateous also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.

You may terminate your Amateous account at any time and for any reason. Upon any termination by an Amateous Member, the related account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Amateous will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE SITE OR SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Amateous will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation will not affect your obligations to Amateous under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, and Services is at your own risk. Amateous will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services. Amateous is not responsible for performance of your mobile phone’s mobile network and Amateous will not be liable for any performance issues or mobile network failure. In addition, Amateous is not responsible for any data or other charges that your mobile carrier may charge to you caused by your access to any Services.

The Site is Available “AS-IS”

THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AMATEOUS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

AMATEOUS MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AMATEOUS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AMATEOUS OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify and hold Amateous and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, Amateous Content, Member Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that any content you post to the Site or via the Services (including without limitation your Member Content) caused damage to a third party, including, without limitation, claims that your Member Content is infringing.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AMATEOUS NOR ANY OTHER party involved in creating, producing, or delivering the Site, App, content, or services will be liable for any incidental, SPECIAL, consequential or PUNITIVE damages resulting from your access to or use of, or inability to access or use, the Site, content, or services, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE) or any other legal theory, whether or not Amateous has been informed of the possibility of such damage, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT AMATEOUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, AMATEOUS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF AMATEOUS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, APP, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO AMATEOUS FOR ACCESS TO AND USE OF THE SITE, APP, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AMATEOUS AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Notice; Consent to Electronic Notice

You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by Amateous via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to “about (at) amateous (dot) com” or to such other addresses as Amateous may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

The failure of Amateous to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Seattle, Washington, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Amateous and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between Amateous and you regarding the Site, Content, and Services.

If you have any questions about these Terms of Use, please contact Amateous at “about (at) amateous (dot) com”