AmperVue Terms of Service ("Agreement")
Please read the terms of this agreement ("Terms of Service", "Agreement") carefully before using ampervue.com ("the Site") operated by AmperVue, Inc. ("Us", "We", or "Our"). This Agreement sets forth the legally binding Terms of Service for your use of the Site.
By accessing or using the Site in any manner, including, but not limited to, browsing or visiting the Site, signing up for an account on the Site, viewing or downloading content from the Site, using or contracting services from the Site, or contributing content to the Site, you ("User") agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
Acceptance of Terms of Service and Amendments
The Site offers a a variety of content including video, photos, sounds, musical works, graphics, text, group member data, schedules, locations, statistics, data, and analysis (collectively, "Content"). Much of the Content will be caputred, generated, edited, written, contributed or created by AmperVue, Inc. or it's agents (collective, "Company Content",) but some may be captured, generated, edited, written, contributed or created by you or other users (collectively, "User Content").
Our Site and related services are provided to you on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right, and may, at any time and without notice and any liability to you, modify or discontinue this Site and its services or delete any and all Content, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of Content.
Age Restrictions and Childresn's Online Privacy Protection Act
AmperVue prides itself on honoring the right and responsibility of every parent or guardian to control what information is collected about their child and determine how that information is used and distrubuted, if at all. The Site is restricted to the use by competent individuals of at least 18 years old or the legal age to enter a contract in your legal jurisdiction, whichever is greater ("Adult").
The Children's Online Privacy Protection Act of 1998 ("COPPA") imposes restrictions on commercial websites, including ours. It is our policy to be compliant with the requirements of COPPA and not to solicit or collect information from children age 13 and under. If you are under the age of 13, or older if mandated by rules similar to COPPA in your legal jurisdiction ("Child"), then you may only use this Site if authorized by a parent or legal guardian who has been validated by a method compliant with COPPA" and then only to receive and review Content; we will not solicit or accept any User Content, of any kind, from a Child.
If you are not yet an Adult, but over the age of 13 and not considered a Child, then we consider you a "Teen". You may only use this Site only if authorized by a parent or legal guardian through a reasonable process determined by AmperVue. "Teen" and "Child" are collectively referred to as "Kids" or "Kid".
By using this Site, you agree to the following:
- You will provide truthful information associated with all aspects of your account.
- You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify Us of any unauthorized use or your registration, user account or password.
- You agree that, despite Our efforts to delete inappropriate content, the Site site may expose you to Content that may be objectionable or offensive and that We shall not be held responsible to you in any way for the Content that appears nor for any error or omission.
- You agree to use the Site for your personal use only, in the manner it was intended, and not for any illegal or commercial purposes without prior written consent from AmperVue. Without limitation you agree that you will NOT:
- take any actions, or encourage others to take action, that may be unlawful, illegal, threatening, harmful, abusive, stalking, harassing, tortuous, defamatory, libelous, obscene, vulgar, offensive, objectionable, pornographic, or sexually explicit;
- impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any User Content;
- collect or harvest any data about other users;
- use this web site, Content, or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the services;
- create an account by automated means or under false or fraudulent pretenses;
- copy, modify, adapt, translate, or reverse engineer any portion of the Site or Content;
- remove notices of copyright, trademark, or other proprietary rights contained in or produced by Site or any Content;
- use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site; or
- reformat or frame any portion of the Site.
Submission of Content on this Site
Except as provided in this Agreement, AmperVue does not claim any ownership rights in User Content that you may upload to the Site. You are solely responsible for any User Content you upload to the Site and for any subsequent use of the User Content.
By uploading User Content to the Site, you represent and warrant to Us that:
- you own the User Content or otherwise have the legal right to post or transmit the User Content in accordance with the terms of this Agreement;
- the posting or other transmission of the User Content on or through the Services or Site or otherwise by AmperVue does not violate the privacy rights, publicity rights, intellectual property rights (copyrights, patents, trademarks), contract rights or any other rights of any person or entity;
- the Content is NOT threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, or sexually explicit;
- the Content is not commercial in nature including, but limited to, advertising, endorsing, or describing a product, service, or website;
- the Content does NOT violate, or encourage the violation of, any applicable local, national or international law;
- you acknowledge that We may delete any Content at any time, at any time, with or without notice to you, for any reason at our sole discretion.
Grant of License to AmperVue, Inc. of User Content
By posting User Content to this Site you grant to AmperVue an irrevocable, non-exclusive, perpetual, full paid up, royalty-free, sublicensable, transferable, worldwide license to use, host, store, cache, publish, copy, perform (publicly or otherwise), display (publicly or otherwise), modify, adapt, edit, translate, prepare derivative works of, or incorporate into other works such User Content. Note that this license to the User Content survives any termination of this Agreement or termination of your account.
Notwithstanding any other provisions in the Agreement, any comments, suggestions, or feedback referring to the Site, services provided on or through the Site, marketing plans, operations, other products provided by AmperVue(collectively "Feedback") shall become the property of AmperVue. We shall not be required to treat any Feedback as confidential, and will not be liable for any ideas and will not incur any liability as a result of any similaries that may appear in our future Site, services, products, marketing, or operations.
Infringing content; Digital Millennium Copyright Act
We reserve the right to remove any Content that is alleged to infringe the copyright of a third party or otherwise violates any third party rights and/or to suspend or terminate a User's access privileges in the event of repeat infringement by a User.
If you are a copyright owner or authorized agent and believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, or if you believe that your rights have otherwise been violated by the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act ('DMCA') by mailing Us at the address below:
AmperVue, Inc., PO Box 1511, Los Altos, CA 94023
Third Party Services
We may enagage in partherships that allow goods or services of third parties to be advertised and/or made available on or through this Site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold harmless, Us, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co- branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Service or any other violation of the rights of another person or party.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to fully limit liability and therefore such limitations apply the extent permitted by law.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempt to do so shall be null and void. We may assign this contract to any parent, subsidiary, or any affiliated company or as part of the sale to, merger with, or other transfer of Our company, or the majority of Our assets, to another entity.
We may terminate or suspend your account and registration at any time, with or without notice, if there has been a violation of the Terms of Service or other policies posted on the Site by you or by someone using your account. We may also terminate or susped your account and registration for any other reason including, but not limited to, an extended period of innactivey, but only after commercially reasonable efforts to notify you of the pending action.
You may terminate your account and registration at any time either through account setting options on the Site, if provided, or by contacting AmperVue using our Confact Form.
For any disputes or discrepancies you may have with AmperVue, you agree to first contact Us and attempt to resolve the dispute informally. Any unresolved controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.
All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
Reservation of Rights
We reserve all of Our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that We may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without Our prior written consent.
You agree that this Terms of Service and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By signing up or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.
- In the event that this Terms of Service conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Service will remain valid and intact;
- The failure of either party to assert any right under this Terms of Service shall not be considered a waiver of any that party's right and that right will remain in full force and effect;
- You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.
- Your affirmative act of using this Site constitutes your electronic signature to the Terms of Service and your consent to enter into agreements with Us electronically.
This Agreement was last modified on February 17th, 2016