Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Amplify, LLC, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
1. Your Amplify, LLC.com Account and Site
If you create a social network or mobile application on the Service, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your social network in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Amplify, LLC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Amplify, LLC liability. You must immediately notify Amplify, LLC of any unauthorized uses of your social network, your mobile application, your account or any other breaches of security. Amplify, LLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors
If you operate a social network, operate a mobile application, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”) or other services, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your social network or mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
- your social network or mobile application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your social network’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by social network or otherwise.
By submitting Content to Amplify, LLC for inclusion on any services or applications provided by Amplify, LLC, you grant Amplify, LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your social network or mobile application. If you delete content, Amplify, LLC will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Amplify, LLC has the right (though not the obligation) to, in Amplify, LLC’s sole discretion (i) refuse or remove any content that, in Amplify, LLC’s reasonable opinion, violates any Amplify, LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Amplify, LLC’ sole discretion. Amplify, LLC will have no obligation to provide a refund of any amounts previously paid.
User agrees to either a one (1) month or twelve (12) month contract agreement with Amplify, LLC. User can opt to upgrade or downgrade their service agreement to any other contract agreement that Amplify, LLC is currently offering for sale at any time during User’s contract term. At the end of the contract term, the contract will automatically renew, on a month-to-month basis, until explicitly canceled in writing. Cancellation must be issued via Amplify, LLC’s support addresses. Any cancellation must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
4. Chargeback / Refund Policy
If you cancel your services, your cancellation takes effect on your next billing cycle. This means we will not be able to refund you for early contract cancellation. All Amplify, LLC accounts begin an obligation-free trial which will allow you to evaluate the service. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount. Amplify, LLC has a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
5. Responsibility of Service Visitors
Amplify, LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Service, Amplify, LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Amplify, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Services
We have not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which Amplify, LLC.com links, and that link to Amplify, LLC.com. Amplify, LLC does not have any control over those non-Amplify, LLC services and webpages, and is not responsible for their contents or their use. By linking to a non-Amplify, LLC website or webpage, Amplify, LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Amplify, LLC disclaims any responsibility for any harm resulting from your use of non-Amplify, LLC websites and webpages.
7. Copyright Infringement and DMCA Policy
As Amplify, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Amplify, LLC.com or any Amplify, LLC social network or mobile application violates your copyright, you are encouraged to notify Amplify, LLC in accordance with Amplify, LLC’s Digital Millennium Copyright Act (”DMCA”) Policy. Amplify, LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Amplify, LLC or others, Amplify, LLC may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Amplify, LLC will have no obligation to provide a refund of any amounts previously paid to Amplify, LLC
8. Intellectual Property
This Agreement does not transfer from Amplify, LLC to you any Amplify, LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Amplify, LLC. Amplify, LLC, Amplify, LLC, Amplify, LLC.com, the Amplify, LLC.com logo, and all other trademarks, service marks, graphics, and logos used in connection with Amplify, LLC.com, or the Service are trademarks or registered trademarks of Amplify, LLC’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Amplify, LLC or third-party trademarks.
Amplify, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Amplify, LLC may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Term and Termination
This Agreement shall commence upon the Effective Date and shall continue for a period of (1) year from the Launch Date (the “Initial Term”). Upon the expiration of the Initial Term, this Agreement will automatically renew for an additional one (1) year period unless terminated by either party upon at least thirty (30) days written notice in advance of such renewal.
Either Party may terminate this Agreement at any time if the other Party is in breach of any material provision of this Agreement and fails to remedy such material breach within thirty (30) days after receiving written notice of such breach. Upon termination of this Agreement for cause by Amplify, LLC, Client will promptly discontinue use of the Service, including removing any link or other mechanism by which the Service is implemented on a Client Website.
Effects of Termination
Upon termination of this Agreement other than for cause by Amplify, LLC or expiration, Amplify, LLC will: (i) at Client’s request, continue to make the Service available for a period of thirty (30) days subject to the terms and conditions of this Agreement; and (ii) continue to make User Content available to Client for a period of thirty (30) days during which Client may request and Amplify, LLC shall at Client’s expense provide a copy of such content on a hard disk or similar suitable storage medium provided by Client. After such thirty (30) day period, Amplify, LLC shall have no obligation to retain any copies of any User Content or any other data related to the Service.
11. Disclaimer of Warranties
The Service is provided “as is”. Amplify, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Amplify, LLC nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
12. Limitation of Liability
In no event will Amplify, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Amplify, LLC under this agreement during the twelve (12) month period prior to the cause of action. Amplify, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty
You agree to indemnify and hold harmless Amplify, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Amplify, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Amplify, LLC, or by the posting by Amplify, LLC of a revised version of this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Illinois, U.S.A. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Illinois, U.S.A, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney’s fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to and agrees to be bound by, its terms and conditions; Amplify, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
16. Status of Independent Contractor
This Agreement does not constitute a hiring by either party. It is the parties’ intentions that Amplify, LLC shall have an independent contractor status and not be an employee for any purposes, including, but not limited to laws of the State of Illinois. Amplify, LLC shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Developer shall not be liable for any obligations incurred by Amplify, LLC unless specifically authorized in writing.
17. Partial Invalidity
If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
Each party of this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party hereto, or anyone acting on behalf of any party hereto, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement shall be effective only if it is in writing, signed and dated by all parties hereto.
19. ADA Compliance
Amplify, LLC makes no warranties that its products or services are compliant with the Title III of the Americans with Disabilities Act (ADA) (29 U.S.C. § 701, et seq.; 42 U.S.C. §§ 12101-12213). Should the Client be subject to the ADA, the responsibility to provide technical advice and support to implement ADA compliant technical measures shall be the sole responsibility of the Client.
20. Confidential Information
Confidential Information shall mean: (1) all unpublished technical information (such as computer programs, tools, and technical processes); (2) all artistic information (such as product design); and (3) all unpublished business and financial information (such as product promotion and business plans, advertising revenues and relationships, marketing data and projections), which information (4) is disclosed by either party to the other in the course of designing, developing, or implementing the application, and which information (5) is in writing, and clearly marked “Confidential” (or words of similar import). Confidential Information shall not include such information that (1) was previously known to the information recipient as of the time of its disclosure; (2) is or thereafter becomes part of the public domain through a source other than the receiving party; or (3) is subsequently disclosed by a third party not under a confidentiality agreement with the providing party.
By using this website and services, you acknowledge that you have read the above Terms of Service and accept and agree to all of its terms and conditions. You are entering into this agreement voluntarily, with full knowledge of its effect.