PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF AMIGRAM.COM.
2. Description of the Service. The Service is our proprietary, web-based application that allows you to create accounts (“Accounts”) for purposes of storing and sharing your photographs and content, sending and receiving messages and using new features and applications in a secure way. You are responsible for maintaining the confidentiality of your password and Account, and you are fully responsible for all activities that occur using your password or Account. You agree to immediately notify us of any unauthorized use of your password or Account.
3. License & Access. Upon registration, you are granted a limited, revocable, non-exclusive, non-assignable, non-sublicensable, worldwide license to access and make personal use of the Service but you may not download (except page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of the Service, the Web Site or its contents; any collection and use of any materials or resources; any derivative use of the Service, the Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar automated data gathering and extraction tools. You may not frame or utilize framing techniques to enclose the Web Site, Service, any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) or those of our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of amigram.com and/or your profile, if applicable, so long as the link does not portray amigram.com, its affiliates, or their products or services in a false, misleading, deceptive, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
4. Violations. In addition to any and all remedies at law or in equity, any intentional violation of the Terms shall give us the right to immediately suspend or cancel your access to the Web Site, Service or your Accounts without further liability. Our exercise of this remedy shall be in addition and without prejudice to any and all other rights and remedies available to us, both legal and equitable.
5. Forums and Other Public Communication. “Forum” shall mean a discussion group, chat area, bulletin board, e-mail function, your amigram profile or other interactive feature offered as part of the Service. You shall not upload to, distribute through, or otherwise publish through a Forum any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledges that soliciting other guests of the Web Site for any commercial product or service or other organizations is expressly prohibited. This prohibition shall not apply to promotional or advertising content provided by merchants who have contracted with us to provide such information.
By uploading materials to any Forum, you automatically grant (or warrant that the owner of such rights has expressly granted) us a non-exclusive, perpetual, royalty-free, irrevocable, sub-licensable and assignable right and license to use, reproduce, modify, adapt, publish, translate, distribute and create derivative works from such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials are or have been waived. You further agree that you shall not take any action inconsistent with the rights and license granted herein.
6. Privacy. It is our policy to respect the privacy of all users. Therefore, in addition to the privacy of registration and Account data, we shall not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of the Web Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend the rights or property of us; or (3) act in an emergency to protect the personal safety of our users or the public. You shall at all times remain solely responsible for the content of your messages. Our Privacy Statement can be found on www.amigram.com.
7. Indemnification. You shall indemnify, defend and hold us harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and reasonable attorneys’ fees asserted against us arising from or related in any way to your misuse of your Account or the Service.
8. Termination. This Agreement is effective as of the date you register your Account (the “Effective Date”) and shall continue in effect until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from the Service and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. This Agreement shall terminate immediately without notice from us if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, your access and Account shall be terminated and you shall destroy all materials obtained from the Service and all copies thereof and you shall cease any further use of the Service.
We may, at our sole discretion, and at any time, discontinue providing the Service, the Web Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Web Site under any provision of this Agreement may be effected without prior notice. Further, you agree that we shall not be liable to you or to any third party for any termination of your access to the Service or the Web Site for any reason or under any theory of liability.
9. Jurisdiction. Unless otherwise specified, the materials in this Web Site and the Service are presented solely for use by natural persons 18 years of age or older (14 years of age or older with parental consent) who are legal residents of the United States, its territories, possessions, and protectorates. The Service and the Web Site is controlled and operated by Amigram, Ltd. from its offices within the State of Illinois, United States of America. We make no representation that the Service or materials in the Web Site are appropriate or available for use in other locations. Those who choose to access the Service or the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. Disclaimer. THE SERVICE AND THE MATERIALS CONTAINED IN THE WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, We hereby DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE WEB SITE OR ANY OTHER AMIGRAM, LTD. WEB SITE, OR THE SERVER(S) THAT MAKES THE SERVICE AND/OR WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Without limiting the foregoing, WE, OUR licensors, and OUR suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of THE SERVICE OR THE Web Site.
11. Limitation of Liability. The use of THE SERVICE AND the web Site and the Content is at your own risk.
When using THE SERVICE OR the Web Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of US and OUR suppliers. Accordingly, WE assume AND SHALL HAVE no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the SERVICE OR the Web Site.
In no event shall WE, OUR licensors, OUR suppliers, or any third parties mentioned on the Web Site be liable for any damages (including, without limitation, SPECIAL, INDIRECT, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the SERVICE OR the Web Site or the Content CONTAINED THEREIN, whether based on warranty, contract, tort, or any other legal theory, and whether or not WE, OUR licensors, OUR suppliers, or any third parties mentioned on the Web Site are advised of the possibility of such damages.
WE, OUR licensors, OUR suppliers, or any third parties mentioned on the Web Site shall be liable only to the extent of actual DIRECT damages incurred by you, not to exceed THE AMOUNT ACTUALLY PAID BY YOU TO US TO ACCESS THE SERVICE. WE, OUR licensors, OUR suppliers, or any third parties mentioned on the Web Site are not liable for any personal injury, including death, caused by your use or misuse of the SERVICE, THE WEB Site, Content, or FORUMS. Any claims arising in connection with your use of the SERVICE, THE WEB Site, any Content, or the FORUMs must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under THIS AGREEMENT are exclusive and are limited to those expressly provided for in THIS AGREEMENT.
12. Links to Outside Web Sites and Services. To the extent that the Service or the Web Site contains links to outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
13. Copyrights and Copyright Agents. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Company’s Agent for Notice of claims of copyright or other intellectual property infringement:
c/o Amigram Ltd
47 W. Division St.
Chicago, IL 60610
11. Miscellaneous. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements relating thereto, written or oral, between the parties. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. You agree that any action at law or in equity arising out of or relating to these terms shall be litigated only in the state or federal courts located in the State of Illinois and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. In any action or proceeding brought by us to enforce the terms of this Agreement, we shall be entitled to an award of all reasonable attorneys’ fees and legal costs incurred. No waiver of any term or condition of this Agreement shall be valid or binding on a party unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by the waiving party. The failure of a party to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by one or both of the other parties of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of a party to enforce each and every such provision thereafter.