Terms of Service

Terms of Service

These terms of service (“Terms of Service” or “Terms”) constitute an agreement between you and Amity and its affiliates (collectively, “Amity” or “Us” or “We”) regarding your use of Amity applications and related services (the “Service”).  By accessing or using the Service, including browsing any Amity website or accessing an Amity application, you accept and agree to these Terms of Service and the Privacy Policy, which is incorporated into these Terms by reference. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Amity Privacy Policy, or any other Amity policy, rules, or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.

LICENSE AND LIMITATIONS

1.1. Limited License.  Subject to your agreement and continuing compliance with these Terms and any other relevant Amity policies, Amity grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms to access and use the Service using a web browser or mobile device solely for your own non-commercial entertainment and communication purposes. You agree not to use the Service for any other purpose. You are responsible for any fees, including but not limited to, Internet connection, SMS text messaging or mobile fees that you incur when accessing the Service.

1.2. License Limitations.  Any use of the Service in violation of these license limitations is strictly prohibited and can result in the immediate revocation of your limited license granted in these Terms, and may subject you to liability for violations of law and these Terms. Any attempt by you to disrupt or interfere with the Service including undermining or manipulating the legitimate operation of any application is a violation of these Terms and may be a violation of law. You agree that you will not, under any circumstances, do any of the following:

1.2.1. Use, design, or assist in the design of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Amity application experience;

1.2.2. Modify or cause to be modified any files that are a part of the Service;

1.2.3. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Amity application environment; or (2) the enjoyment of the Service or any Amity application by any other person;

1.2.4. Institute, assist, or become involved in any type of attack, including but not limited to distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;

1.2.5. Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Amity, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;

1.2.6. Engage in any act that Amity deems to be in conflict with the spirit or intent of the Service, including, but not limited to, circumventing or manipulating these Terms, our application rules, application mechanics or policies;

1.2.7. Improperly use Amity's support services;

1.2.8. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;

1.2.9. Use the Service or any part thereof for any commercial purpose, including but not limited to for any commercial advertisement or solicitation or (2) to gather or transfer Virtual Items (as defined below) for sale;

1.2.10. Use the Service or any part thereof to perform in-application services, such as upgrade and item collection services, in exchange for payment outside the Service;

1.2.11. Transmit unauthorized communications through the Service, including junk mail, junk messages, spam and any materials that promote malware, spyware and downloadable items;

1.2.12. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

1.2.13. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

1.2.14. Attempt to, or harass, bully, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Amity employees, including Amity's customer service representatives;

1.2.15. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including but not limited to an Amity employee;

1.2.16. Use any unauthorized third party software that accesses, intercepts, “mines,” or otherwise collects information from or through the Service or that is in transit from or to the Service, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Amity application elements or environment. Amity may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

1.2.17. Interceptor observe any proprietary communications protocol used by a user, client, server, or the Service, whether through the use of a network analyzer, packet sniffer, or other device;

1.2.18. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

1.2.19. Bypass any robot exclusion headers or other measures that are intended to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;

1.2.20. Use, facilitate, create, or maintain any unauthorized connection to the Service, including but not limited to any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service or any connection using programs, tools, or software not expressly approved in writing by Amity;

1.2.21. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Amity;

1.2.22. Copy, modify or distribute rights or content from any Amity site or application, or Amity's copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service.

1.2.23. Except as intended by the Amity application, solicit or attempt to solicit personal information from other users of the Service;

1.2.24. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;

1.2.25. Upload or transmit or attempt to upload or transmit, without Amity's express permission, any material that acts as a passive or active information collection or transmission mechanism;

1.2.26. Create an Account or access the Service if you are under the age of 13;

1.2.27. Fail to monitor your account to restrict use by minors or fail to deny access to children under the age of 13; (You accept full responsibility for any unauthorized use of the Service by minors in connection with your account. You are responsible for any use of your credit card or other payment instrument (e.g. Apple iTunes and , PayPal) by minors.)

1.2.28. Have more than one account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;

1.2.29. Create an account or use the Service if you are a convicted sex offender;

1.2.30. Have an Account or use the Service if you have previously been removed by Amity or previously been banned from any Amity application;

1.2.31. Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.

1.2.32. Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any Virtual Items associated with your Account to anyone without Amity's written permission; or

1.2.33. Access or use an account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original account creator without Amity's permission.

1.3. Virtual Items. You acknowledge and agree that in a Amity application you may “earn,” “buy,” or “purchase” virtual in-application items for use in the Service (collectively with virtual currency, “Virtual Items”), you do not own the Virtual Items and the amounts paid for any Virtual Item does not refer to any asset or value of real currency or its equivalent. Instead, you merely purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these Virtual Items. The purchase and sale of the limited license referred to in these Terms of Service is a final and completed transaction upon receipt of your direct payment or a third party virtual currency. Any “virtual currency” balance shown in your account does not constitute any real-world stored value, but instead constitutes a measurement of the extent of your license.

1.4. Username and Password.  During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information: (a) you agree not to share the account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account; (b) in the event you become aware of or suspect any breach of security, including but not limited to any loss, theft, or unauthorized disclosure of the Login Information, you agree to immediately notify Amity and modify your Login Information; (c) you are solely responsible for maintaining the confidentiality of the Login Information, and you agree to be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and (d) you are responsible for anything that happens through your account.  We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

USER CONTENT

2.1. User Content.  “User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through an Amity application client or the Service, or that other users upload or transmit, including but not limited to any chat text.

2.2. Screening. You are responsible for all User Content you post or otherwise transmit via the Service.  We assume no responsibility for the conduct of any user submitting any User Content, and assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct.  We have no obligation to monitor User Content. If we choose at any time, in our sole discretion, to monitor the Service, we have the right, in our sole discretion, to edit, refuse to post, or remove any User Content, and we may monitor or record your interaction with the Service or communications (including but not limited to chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.

2.3. Information Disclosed Through the Service.

2.3.1. Responsible For Your Own Content.  You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Amity assumes no responsibility or liability for that material. If you become aware of misuse of the Service by any person, please report it to us.  We may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Amity may violate these Terms of Service. We reserve the right to limit the storage capacity of User Content that you post on, through, or in connection with the Service.

2.3.2. Public Disclosure.  The Service may include various forums, profiles, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. Other members may use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, do not post it on the Service. Amity has no responsibility to evaluate, use, or compensate you for any ideas or information you choose to disclose. If you submit suggestions, proposals, comments, feedback or other materials (collectively “Submissions”) within the Service, you understand and agree that Amity (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you. AMITY IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, PROFILES, BLOGS, OR CHATS.

2.3.3. Our Disclosure of Your Information.  Your information, and the contents of all of your online communications (including but not limited to chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed by us for any reason, including, but not limited to, (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws; (iii) when we believe that the Service is being used in the commission of a crime, including, but not limited to, to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health or safety of any person or the public generally; and (v) to protect the rights or property of Amity, including, but not limited to, to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access, and disclosure.

2.4. User Interactions.  You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service or Amity applications. Amity reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release Amity (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including, but not limited to, damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”

SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE.

WITHOUT LIMITING ANY OF OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR AMITY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND AMITY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR APPLICATIONS AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

We reserve the right to cease offering or supporting the Service or a particular application or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Amity shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Service. Termination of your account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

OWNERSHIP.

4.1. Our Applications and Service.  The Service (including but not limited to any applications, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-application chat transcripts, recordings of applications played using an Amity application client, and the Amity application clients and server software) are copyrighted works owned by Amity Worldwide Pty Ltd. Amity reserves all rights, including, but not limited to, all intellectual property rights or other proprietary rights in connection with the Service.

4.2. Accounts.  Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that you have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and are forever owned by and inure to the benefit of Amity. Accounts created with us, through the Service, or in an Amity application will be considered active until we receive a user request to deactivate or delete them, except we reserve the right to terminate any account that has been inactive for a period of time we deem reasonable.

4.3. Virtual Items.  Amity owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary in these Terms, you agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items appearing or originating in any Amity application or the Service, whether “earned” in an application or “purchased” from Amity, or any other attributes associated with an account or stored on the Service.  We prohibit and do not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade outside of an application of anything that appears or originates in the Service, unless otherwise expressly authorized by Amity in writing. Accordingly, you may not sublicense, trade, sell, or attempt to sell Virtual Items for legal currency or exchange Virtual Items for value of any kind outside of an application without Amity's written permission. Any such transfer or attempted transfer is prohibited, null, and void, and will subject your account to termination.

4.4. User Content.  By submitting any User Content while using the Service, you affirm, represent, and warrant that that submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions, or other third party rights and that you have permission from any third party whose personal information or intellectual property is included in the User Content; (c) free of viruses, adware, spyware, worms, or other malicious code; and (d) that any of your personal information within such content will at all times be processed by Amity in accordance with its Privacy Policy. You hereby grant Amity a perpetual and irrevocable (other than as provided below), worldwide, fully paid, and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works of the User Content in connection with our provision of the Service, including marketing and promotion of the Service. To the extent permitted by applicable law, you hereby waive any rights you may have in any User Content. The license you grant us to use user posted content (except any content you submit in response to Amity promotions and competitions or any other content specifically solicited by Amity) ends when you delete your User Content or you close your account unless your User Content has been shared with others and they have not deleted it. You understand and accept, however, that removed content may persist in back-up copies for a reasonable period of time.

PURCHASES AND FEES

5.1. Purchases.  In the Service you may purchase, with legal tender, a license to use Virtual Items or other goods or services. You may also obtain a license to use Virtual Items by redeeming virtual currency. PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE. For Virtual Items, your order will represent an offer to us to purchase a license for the relevant services which may be accepted by us when we make the Virtual Items available in your account for you to use in our applications or debit your credit card, whichever comes first. Your license to Virtual Items for use in Amity applications is a service provided by Amity that commences upon acceptance by Amity of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that Amity will provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from Amity, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”), but you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Therefore, if you purchase a license to use Virtual Items from us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.

5.2. Payment of Fees.  You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Amity may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT AMITY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

UPDATES AND PRIVACY POLICY.

8.1. Service.  You understand that the Service is evolving. We may require that you accept updates to the Service and to our applications you have installed on your computer or mobile device. You acknowledge and agree that Amity may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play our applications.

8.2. Privacy Policy.  Use of the Service is also governed by Amity's Privacy Policy, which is incorporated into these Terms by reference. Your privacy is important to us. We designed Amity's Privacy Policy to make important disclosures about how we collect and use your content and information and how you can use the Service to share such information with others. We encourage you to read the Privacy Policy carefully and use it to make informed decisions.  By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use, and storage of your information as outlined in Amity's Privacy Policy. To the extent the Terms of Service or Amity Privacy Policy conflict with any other Amity terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Amity Privacy Policy shall govern.

8.3. Updates to the Terms of Service and Amity Privacy Policy.  Amity reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within the Service. You may also be given additional notice, such as an email message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. Amity may also revise other policies, codes, or rules at any time. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Amity had actual notice before the date of the amendment.

DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION

9.1. DISCLAIMER OF WARRANTIES.  YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER AMITY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “AMITY PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9.2. LIMITATIONS; WAIVERS OF LIABILITY.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED IN THESE TERMS APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, BUT NOT LIMITED TO, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE AMITY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE AMITY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE AMITY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AMITY PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID AMITY IN THE 180DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID AMITY ANY AMOUNTS IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AMITY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF AMITY.

9.3. Indemnification.  You shall indemnify, save, and hold harmless Amity, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you in these Terms. Amity reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Amity, and you agree to cooperate with Amity's defense of these claims. Amity will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your account or of the Service.

DISPUTE RESOLUTION

10.1. General.  If a dispute arises between you and Amity, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Amity agree that you and Amity will resolve any claim or controversy at law or equity that arises out of these Terms or the Service (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going through customer support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

10.2. Arbitration Option.  For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

10.3. Improperly Filed Claims.  All claims you bring against Amity must be resolved in accordance with this Section‎10. All claims filed or brought contrary to this Section ‎10 shall be considered improperly filed. Should you file a claim contrary to this Section ‎10, Amity shall be entitled to recover attorneys’ fees and costs up to $1,000, provided that Amity has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

MISCELLANEOUS.

11.1. Assignment.  Amity may assign these Terms of Service and the Amity Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Amity's prior written consent, and any unauthorized assignment and delegation by you is null and void.

11.2. Supplemental Policies.  Amity may publish additional policies related to specific services such as applications for mobile devices, forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

11.3. Severability. You and Amity agree that if any portion of these Terms of Service or of the Amity Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

11.4. Entire Agreement.  These Terms, any supplemental policies, and any documents expressly incorporated by reference herein (including Amity's Privacy Policy), contain the entire understanding of you and Amity and supersede all prior understandings of the parties to these Terms relating to the subject matter of these Terms, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

11.5. Language of the Terms of Service.  If we provide you with a translation of the English language version of these Terms, the Amity Privacy Policy, or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English language version. In the event of a conflict between a translation and the English version, the English version will control.

11.6. No Waiver.  The failure of Amity to require or enforce strict performance by you of any provision of these Terms of Service or the Amity Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Amity's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Amity of any provision, condition, or requirement of these Terms of Service or the Amity Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

11.7. Amendment.  Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Amity shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Amity. For purposes of this provision, “writing” does not include an email message and a signature does not include an electronic signature.

11.8. Notices.  We may notify you by postings on www.amity.io, via e-mail, or via any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Amity Privacy Policy shall be in writing to support@amity.io. Any notices that you provide without compliance with this Section ‎11.8 shall have no legal effect.

11.9. Equitable Remedies.  You acknowledge that the rights granted and obligations made under these Terms of Service to Amity are of a unique and irreplaceable nature, the loss of which will irreparably harm Amity and that cannot be replaced by monetary damages alone. Accordingly, Amity is be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Amity application, exploitation of any advertising, or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section ‎9 (if any).

11.10. Force Majeure.  Amity shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Amity, including but not limited to any failure to perform hereunder due to unforeseen circumstances or cause beyond Amity's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

Effective Date: August 10, 2016



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