AMARE
GLOBAL TERMS OF USE
(“Agreement”)
ACCEPTANCE OF TERMS
THROUGH USE
By
using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these
terms and conditions. If you do not agree to this Agreement please do not use
this site and do not click “I agree”. Please check this Agreement periodically
for changes as the owner of this site (“Company”)
reserves the right to revise this Agreement. In the event of a change to this
Agreement, your continued use of this site following the posting of any changes
constitutes acceptance of such changes. The Company reserves the right to
terminate a User’s use of this site at any time without notice and may do so
for any breach of this Agreement.
YOU MUST BE OVER 18 OR
OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This
Agreement must be completed, understood and agreed to by a person over 18. If a
parent or guardian wishes to permit a person under 18 to access this site, he
or she should email the Company with his or her explicit permission and
acceptance of full legal responsibility. If you are not yet 18 or are accessing
this site from any country where this material is prohibited, please exit now
as you do not have proper authorization.
LICENSE TO USE THIS
SITE
Upon
your agreement, Company hereby grants you a non-exclusive, non-transferable
limited license to use this site in strict accordance with the terms and
conditions in this Agreement. You agree not to make any false or fraudulent
statements as you use this site. You acknowledge and agree that all content and
services available on this site are property of the Company and are protected
by copyrights, trademarks, service marks, patents, trade secrets, and other
proprietary rights and laws, in the U.S. and internationally. All rights not
expressly granted herein are fully reserved by the Company, its advertisers and
licensors. You agree to pay for any and all purchases and services using your
name and credit card through this Site, not to challenge any such charges and
to pay for all collections and/or attorney’s fees resulting from any
non-payment.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted, you agree
not to save, download, cut and paste, sell, license, rent, lease, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from materials from this site.
Systematic retrieval of data or other content from this site to create or
compile, directly or indirectly, a collection, database or directory without
written permission from the Company is prohibited. In addition, use of the
content or materials for any purpose not expressly permitted in this Agreement
is prohibited.
Security
You
agree that if you are issued a Username and Password by the Company, you shall
use your best efforts to prevent access to this site through your Username and
Password by anyone other than yourself, including but not limited to, keeping
such information strict confidential, notifying the Company immediately if you
discover loss or access to such information by an unauthorized party and by
using a secure Username and Password not easily guessed by a third party.
You
agree that you shall not try to reverse assemble, reverse compile, decompile,
disassemble, translate or otherwise alter any executable code, contents or
materials on or received via this site. You understand that such actions are
likely to subject you to serious civil and criminal legal penalties and that
the Company shall pursue such penalties to the full extent of the law to
protect its rights and the rights of its other licensors.
Export
You
agree that you shall comply with all applicable export and import control laws
and regulations in your use of this site, or materials or services received
through this site, and, in particular, you shall not export or re-export
anything on or received through this site in violation of local or foreign
export laws and/or without all required U.S. and foreign government licenses.
Government Use
If
you are a branch or agency of the U.S. Government, the following provision
applies. This site, code, contents, services and accompanying documentation are
comprised of “commercial computer software” and “commercial computer software
documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are
provided to the Government (i) for acquisitions by or on behalf of civilian
agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for
acquisitions by or on behalf of units of the Department of Defense, consistent
with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3
(JUN 1995). Unpublished rights reserved under the copyright laws of the United
States.
Errors and Corrections
While
we use reasonable efforts to include accurate and current information on our
Site, we do not warrant or represent that the Site will be error-free. Data
entry errors or other technical problems may sometimes result in inaccurate
information being shown. We reserve the right to correct any inaccuracies or
typographical errors on our Site, including pricing and availability of
products and services, and shall have no liability for such errors. We may also
make improvements and/or changes to the Site’s features, functionality, or
content at any time. If you see any information or description you believe to
be incorrect, please contact us and we’ll verify it for you.
LINKS TO OTHER WEBSITES
Our
Site contains links to other websites for your information and convenience, or
to provide additional shopping for various other goods and services through our
Merchant and Services Partners. These third-party websites are responsible for,
and undertake to maintain, their own site terms of use. We suggest that you
carefully review the terms of use of each site you choose to access from our
Site.
USER’S LICENSE GRANT TO
SITE
Except
with regard to personal information, all information which you post on this
site or communicate to the Company through this site (collectively
“Submissions”) shall forever be the property of the Company. The Company shall
not treat any submission as confidential and shall not incur any liability as a
result of any similarities that may appear in future Company services or
products. Without copy, the Company shall have exclusive ownership of all
present and future existing rights to any Submission of every kind and nature
everywhere. You acknowledge that you are fully responsible for the message,
including its legality, reliability, appropriateness, originality and
copyright. You hereby represent and warrant that your Submission does not
infringe the rights of any third party.
USER CONDUCT
By
using features of this site that allow you to post or otherwise transmit
information to or through this site, or which may be seen by other users, you
agree that you shall not upload, post, or otherwise distribute or facilitate
distribution of any content – including text, communications, video, software,
images, sounds, data, or other information – that:
A.
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortious, obscene, sexually explicit
or graphic, or otherwise in violation of this site’s rules or policies;
B.
infringes any patent, trademark, service mark, trade secret, copyright, moral
right, right of publicity, privacy or other proprietary right of any party;
C.
constitutes unauthorized or unsolicited advertising, junk or bulk email (also
known as “spamming”), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
D.
contains software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
E.
impersonates any person or entity, including any employee or representative of
this site, its licensors or advertisers.
You
also agree that you shall not harvest or collect information about the users of
this site or use such information for the purpose of transmitting or
facilitating transmission of unsolicited bulk electronic email or
communications for any other commercial purpose of your own or a third party.
You
further agree that you shall not solicit or collect information, or attempt to
induce any physical contact with, anyone 18 years old or younger without
appropriate parental consent.
This
site generally does not pre-screen, monitor, or edit the content posted by
users of this site. However, this site and its agents have the right, at their
sole discretion, to remove any content that, in this site’s sole judgment, does
not comply with the Site Submission Rules or is otherwise harmful,
objectionable, or inaccurate. This site is not liable for any failure, delay,
damages or results, in removing such content.
You
agree that your use of this site may be suspended or terminated immediately
upon receipt of any notice which alleges that you have used this site in
violation of these Rules and/or for any purpose that violates any local, state,
federal or law of other nations, including but not limited to the posting of
information that may violate third party rights, that may defame a third party,
that may be obscene or pornographic, that may harass or assault other, that may
violate hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, you agree that the owner of
this site may disclose your identity and contact information, if requested by a
government or law enforcement body or as a result of a subpoena or other legal
action, and the owner of this site shall not be liable for damages or result of
a subpoena or other legal action, and the owner of this site shall not be
liable for damages or results thereof, and you agree not to bring any action or
claim against the owner of this site for such disclosure.
INTELLECTUAL PROPERTY
RIGHTS
1. Copyright
The
Site design, text, content, selection and arrangement of elements,
organization, graphics, compilation, magnetic translation, digital conversion,
and other matters related to the Site are protected under applicable copyright
laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does
not constitute a waiver of any right in such elements. You do not acquire
ownership rights to any such elements viewed through the Site. Except as
otherwise provided herein, none of these elements may be used, copied,
reproduced, downloaded, posted, displayed, transmitted, mechanical,
photocopying, recording, or otherwise, without Company’s prior written
permission.
2. Trademark
Amare Global
name, logo, and all product names, company names, and
other logos, unless otherwise noted, are trademarks and/or trade dress of Amare Global. The use or misuse of any Marks or
any other materials contained on the Site, without the prior written permission
of their owner, is expressly prohibited.
THIRD PARTY SITES
You
may be transferred to online merchants or other third party sites through links
or frames from this site. You are cautioned to read their Terms and Conditions
and/or Privacy Policies before using such sites. These sites may contain
information or material that is illegal, unreasonable or that some people may
find inappropriate or offensive. These other sites are not under the control of
the Company and are not monitored or reviewed by the Company. The inclusion of
such a link or frame does not imply endorsement of this site by the Company,
its advertisers or licensors, any association with its operators and is
provided solely for your convenience. You agree that the Company and its
licensors have no liability whatsoever from such third party sites and your
usage of them.
DISCLAIMER OF
WARRANTIES
The
Company, its advertisers and licensors make no representation or warranties
about this site, the suitability of the information contained on or received
through use of this site, or any service or products received through this
site. All information and use of this site are provided “as is” without
warranty of any kind. The Company, advertisers and/or its licensors hereby
disclaim all warranties without regards to this site, the information contained
or received through use of this site, and any services or products received
through this site, including all express, statutory, and implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement.
The Company, advertisers and/or its licensors do not warrant that the contents
or any information received through this site are accurate, reliable or
correct; that this site will be available at any particular time or location;
that any defects or errors will be corrected; or that the contents of any
information received through this site is free of viruses or other harmful
components. Your use of this site is solely at your risk. User agrees that it
has relied on no warranties, representations or statements other than in this
agreement. Because some jurisdictions do not permit the exclusion of certain
warranties, these exclusions may not apply to you but shall apply to the
maximum extent permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under
no circumstances shall the Company, advertisers and/or its licensors be liable
for any direct, indirect, punitive, incidental, special, or consequential
damages that result from the use or inability to use, this site. This
limitation applies whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if the Company,
advertisers and/or its licensors have been advised of the possibility of such
damage. Because some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, the Company, advertisers and/or its
respective licensors’ liability in such jurisdictions shall be limited to the
maximum extent permitted by law of your jurisdiction.
INDEMNIFICATION
You
agree to defend, indemnify, and hold harmless the Company, its advertisers,
licensors, subsidiaries and other affiliated companies, and their employees,
contractors, officers, agents and directors from all liabilities, claims, and
expenses, including attorney’s fees, that arise from your use of this site, or
any services, information or products from this site, or any violation of this
Agreement. The Company reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you shall cooperate with the Company in
asserting any available defenses.
LEGAL COMPLIANCE
Company
may suspend or terminate this Agreement or User’s use immediately upon receipt
of any notice which alleges that User has used this site for any purpose that
violates any local, state, federal or law of other nations, including but not
limited to the posting of information that may violate third party rights, that
may defame a third party, that may be obscene or pornographic, that may harass
or assault other, that may violate hacking or other criminal regulations of its
agent, officers, directors, contractors or employees. In such event, Company
may disclose the User’s identity and a subpoena or other legal action, and Company
shall not be liable for damages or results thereof and User agrees not to bring
any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This
site (excluding third party linked sites) is controlled by the Company from its
offices within the State of California,
U.S. of America. It can be accessed from all 50 states as well as from other
countries around the world to the extent permitted by site. As each of these
places has laws that may differ from California, by accessing this site, both you and the Company agree
that the statutes and laws of California
shall apply to any actions or claims arising out of or in relation to this
Agreement or your use of this site, without regards to conflicts of laws
principles thereof. You and the Company also agree and hereby submit to the
filing of any claim only in the exclusive personal jurisdiction and venue of California
and any legal proceedings shall be conducted in English. The Company
makes no representation that materials on this site are appropriate or
available for use in other locations, and accessing them from territories where
their contents are illegal is prohibited.
MISCELLANEOUS
This
Agreement incorporates by reference the Site Submission Rules if this site
allows posting and posts such Rules. This Agreement constitutes the entire
agreement between the parties related to the subject matter thereof, supersedes
any prior or contemporaneous (oral, written or electronic) agreement between
the parties and shall not be changed except by written agreement signed by an
officer of the Company. If any provision of this Agreement is prohibited by law
are held to be unenforceable, the remaining provisions hereof shall not be
affected, and this Agreement as much as possible under applicable law shall
continue in full force and effect as if such unenforceable provision had never
constituted a part hereof and the unenforceable provision shall be
automatically amended so as to best accomplish the objectives of such
unenforceable provision within the limits of applicable law.
This
site reserves the right to revise these provisions at its discretion, so check
back from time to time to be sure you are complying with the current version.