AMEBOFAMILY Website Access Agreement
Please
read this Agreement carefully before accessing the AMEBOFAMILY. As a condition to and in consideration of receiving and
accessing the AMEBOFAMILY Website, the User agrees to be bound
by the terms of this Agreement. Use of or access to theAMEBOFAMILY Website shall constitute acceptance of and agreement to be bound by
this Agreement.
If you do not wish to be bound by this agreement,
do not access the AMEBOFAMILY Website. If you have any
questions about this Agreement, please contact us via e-mail at editor online [@] amebofamily@gmail.com.
THIS
AGREEMENT “Agreement” is entered into by and between AMEBOFAMILY and any individual, corporation, association, agency, company, or
other entity who accesses or uses the AMEBOFAMILY Website (the
“User” or “you”).
The AMEBOFAMILY Website, which is
provided without charge to you, is a World Wide Web site on the Internet
that is designed to allow AMEBOFAMILY to communicate with
users and for you to interact with those users. The AMEBOFAMILY
Website is owned and operated by AMEBOFAMILY. The AMEBOFAMILY Website contains or may contain information, communications,
opinions, text, graphics, links, electronic art, animations, audio,
video, software, photos, music, sounds and other material and data
(collectively, “Content”) formatted, organized and collected in a
variety of forms that are generally accessible to Users, including
directories and databases, and areas of the AMEBOFAMILY Website
that can be modified by Users, such as posting classifieds, uploading
multimedia files, registering user profiles, and creating auto-notify,
personalized pages, and personalized project areas.
1. User Rights and Responsibilities
1.1 Access to the AMEBOFAMILY Website
You
are responsible for providing all hardware, software, telephone or
other communications equipment and/or service to connect to the Internet
and access the AMEBOFAMILY Website and are responsible for all
Internet access charges, telephone charges or other fees or charges
incurred in connecting to the Internet and accessing the AMEBOFAMILY Website.
1.2 User Conduct
You
agree to access and use the AMEBOFAMILY Website only for lawful
purposes. You are solely responsible for the knowledge of and adherence
to any and all laws, statutes, rules and regulations, pertaining to (i)
your use of the AMEBOFAMILY Website, including any Interactive
Area, (ii) the use of any networks or other services connected to the
AMEBOFAMILY Website, and (iii) the communications means by
which you connect your modem, computer, or other equipment to the AMEBOFAMILY Website. By accessing the AMEBOFAMILY Website, you agree that you will not:
- Restrict or inhibit any other user from using and enjoying the Interactive Features;
-
Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offence, give rise to civil liability or otherwise violate any local,
state, national, or international law;
- Post or transmit any
information, software, or other material which violates or infringes in
the rights of others, including material which is an invasion of privacy
or publicity rights or which is protected by copyright, trademark or
other proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or right holder.
- Post or transmit any information, software or other material which contains a virus or other harmful component;
-
Alter, damage or delete any Content or other communications that are
not your own Content or to otherwise interfere with the ability of
others to access the AMEBOFAMILY Website;
- Disrupt the normal flow of communication in an Interactive Area;
-
Claim a relationship with or to speak for any business, association,
institution or other organization for which you are not authorized to
claim such a relationship;
- Violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 AMEBOFAMILY Website content
(a)
You acknowledge that Content on the AMEBOFAMILY Website is
generally provided by AMEBOFAMILY, individual contributors of
Content (“Contributors”), third party licensees, and/or other Users. You
acknowledge that the AMEBOFAMILY Website permits access to
Content that is protected by copyrights, trademarks, and other
proprietary (including intellectual property) rights (“Intellectual
Property Rights”), and that these Intellectual Property Rights are valid
and protected in all media existing now or later developed and except
as is explicitly provided below, your use of Content shall be governed
by applicable copyright and other intellectual property laws. You
acknowledge that the AMEBOFAMILY Website owns a copyright in
the “look and feel,” i.e., the selection, coordination, arrangement and
presentation of such Content.
(b) You may not modify, copy,
reproduce, transmit, distribute, publish, create derivative works from,
display or otherwise transfer or commercially exploit any of the
Content, in whole or in part, provided, however, that you may (i) make a
reasonable number of digital or other form of copies to permit your
computer hardware and software to access and view the Content, (ii)
print one copy of each piece of Content, (iii) make and distribute a
reasonable number of copies of Content, in whole or in part, in hard
copy or electronic form for internal use only. Any permitted copies of
Content must reproduce in an unmodified form any notices contained in
the Content, such as all Intellectual Property Right notices, and an
original source attribution to “The AMEBOFAMILY Website” and
its URL address. You acknowledge that the AMEBOFAMILY Website,
its Contributors, and/or Users remain the owners of the Content and that
you do not acquire any Intellectual Property Rights by downloading or
printing Content.
2.2 Content Provided by User
You
may upload to any Interactive Area or otherwise transmit, post,
publish, reproduce or distribute, on or through the AMEBOFAMILY
Website only Content that is not subject to any Intellectual Property
Rights, or Content in which any holder of Intellectual Property Rights
has given express authorization for distribution over the Internet and
on the AMEBOFAMILY Website, without restriction whatsoever.
Any
Content submitted with the consent of a copyright owner other than you
should contain a phrase such as “Copyright owned by [name of owner];
Used by Permission.” By submitting Content to any Interactive Area, you
automatically grant and/or warrant that the owner of such Content,
whether it be You or a third party, has expressly granted to AMEBOFAMILY the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, sublicense,
distribute, perform, and display such Content, in whole or in part,
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed for the full term of any
Intellectual Property Rights that may exist in such Content. You also
permit AMEBOFAMILY to sublicense to third parties the
unrestricted right to exercise any of the foregoing rights granted with
respect to such Content. You also permit any User to access, view, store
and reproduce the Content for personal use.
3. Interactive Areas
You
acknowledge that the AMEBOFAMILY Website may include various
interactive areas (“Interactive Areas”), including but not limited to
classifieds. These Interactive Areas allow feedback to the AMEBOFAMILY Website and real-time interaction between users. You further
understand that AMEBOFAMILY does not control the messages,
information, or files delivered to such Interactive Areas and that the
AMEBOFAMILY Website may offer you and other Users the
capability of creating and managing an Interactive Area. However,
neither AMEBOFAMILY, its subsidiary and parent companies, or
affiliates, nor their respective directors, officers, employees and
agents are responsible for Content within any Interactive Area. Your use
and/or management of an Interactive Area will be governed by this
Agreement and any additional rules or operating procedures of any
Interactive Area established by you or another User, as applicable. You
recognize that AMEBOFAMILY cannot, and does not intend to,
screen communications in advance. Moreover, because the AMEBOFAMILY Website encourages open and candid communication in the Interactive
Areas, AMEBOFAMILY cannot determine in advance the accuracy or
conformance to this Agreement of any Content transmitted in an
Interactive Area. The AMEBOFAMILY Website is not responsible
for screening, policing, editing, reviewing or monitoring any Content in
an Interactive Area. Notwithstanding the above, you agree that AMEBOFAMILY has the right to monitor any Interactive Area, from
time to time and to disclose any information as necessary to satisfy
any law, regulation or other governmental request, to operate the
Interactive Area, or to protect itself or other Users. If notified of
Content that is alleged not to conform to this Agreement, AMEBOFAMILY may investigate the allegation and determine in its sole
discretion whether to remove or request the User to remove such Content.
AMEBOFAMILY reserves the right to prohibit conduct,
communication or Content within an Interactive Area, or to edit, refuse
to post, or to remove any Content, in whole or in part, which it deems
in its sole discretion to (i) violate the then-standard provisions of
this Agreement or any other standard, written AMEBOFAMILY
Website policy in effect at that time, (ii) be harmful to the rights of
any User, AMEBOFAMILY, or other third parties, (iii) violate
applicable law, or (iv) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of AMEBOFAMILY in operating the AMEBOFAMILY Website, or any change in Content, is for you to discontinue accessing the AMEBOFAMILY Website. AMEBOFAMILY may terminate or temporarily suspend your access to all or any part of the AMEBOFAMILY Website, without notice, for conduct that AMEBOFAMILY believes is a violation of this Agreement or any policies or guidelines posted by AMEBOFAMILY, or for other conduct which AMEBOFAMILY believes, in its sole discretion, is harmful to AMEBOFAMILY or other Users.
AMEBOFAMILY may
discontinue operating the AMEBOFAMILY Website and terminate
this Agreement without notice at any time for any reason in its sole
discretion. In the event of termination, you are no longer authorized to
access the AMEBOFAMILY Website, including the Interactive
Areas, and the restrictions imposed on you with respect to Content
downloaded from the AMEBOFAMILY Website, as well as the
disclaimers and limitations of liabilities set forth in this agreement,
shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links.
You
understand that except for Content, products or services expressly
available at the AMEBOFAMILY Website, neither AMEBOFAMILY, its subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents controls,
provides, or is responsible for any Content, goods or services available
through sites on the Internet linked to or from the AMEBOFAMILY Website. All such Content, goods and services are made accessible on
the Internet by independent third parties and are not part of the
AMEBOFAMILY Website or controlled by AMEBOFAMILY.
AMEBOFAMILY neither endorses nor is responsible for the
accuracy, completeness, usefulness, quality or availability of any
Content, goods or services available on any site linked to or from the AMEBOFAMILY Website, which are the sole responsibility of such
independent third parties, and your use thereof is solely at your own
risk. Neither AMEBOFAMILY, its subsidiary and parent companies,
or affiliates, or their respective directors, officers, employees, and
agents shall be held responsible or liable, directly or indirectly, for
any loss or damage caused or alleged to have been caused by your use of
or reliance on any Content, goods or services available on any site
linked to or from the AMEBOFAMILY Website or your inability to
access the Internet or any site linked to or from the AMEBOFAMILY Website.
5.2 Disclaimer of Warranties.
Please
use your best judgment in evaluating all information contained or
opinions expressed on the AMEBOFAMILY Website. It is the policy
of AMEBOFAMILY not to endorse or oppose any opinion expressed
by a User or Content provided by a User, Contributor, or other
independent party.
You expressly agree that your use of the AMEBOFAMILY Website is at your sole risk. neither AMEBOFAMILY nor
any of its subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, agents, contractors,
affiliates, licensors or other suppliers providing content, data,
information or services warrants that the AMEBOFAMILYWebsite
or any internet site linked to or from the AMEBOFAMILY Website
will be uninterrupted or error free, that defects will be corrected, or
that this site, including the interactive areas, or the server that
makes it available are free of viruses or other harmful components. nor
do any of them make any warranty as to the results that may be obtained
from the use of the AMEBOFAMILY Website or any internet site
linked to or from the AMEBOFAMILY Website or as to the
timeliness, sequence, accuracy, authority, completeness, usefulness, non
infringement, reliability, availability, or substance of any content,
information, service, or transaction provided through the AMEBOFAMILY Website or any site linked to or from the AMEBOFAMILY Website. AMEBOFAMILY Website is provided on an “as is,”
“as available” basis, without warranties of any kind, either express or
implied, including, without limitation, those of merchantability and
fitness for a particular purpose.
5.3 Limitation of Liability.
Under
no circumstances shall AMEBOFAMILY, its subsidiary and parent
companies, or affiliates, or their respective directors, officers,
employees, agents, contractors, or licensors, be liable for any direct
or incidental, special or consequential damages under or arising from
this agreement, the AMEBOFAMILY Website, or any Internet site
linked to or from the AMEBOFAMILY Website, whether for breach
of contract, tortuous behavior, negligence, or under any other cause of
action, including without limitation, any liability for damages caused
or allegedly caused by any failure of performance, error, omission,
interruption, electrical surge/damage/interference, deletion, defect,
delay in operation or transmission, computer virus, communications line
failure, breakdown of equipment, software error, infringement,
unauthorized access to, or theft, destruction, alteration, or use of,
records.
under no circumstances shall AMEBOFAMILY, its
subsidiary and parent companies, or affiliates, or their respective
directors, officers, employees, agents, contractors, or licensors, be
liable to you or any other third party for any decision made or action
taken by you in reliance on the content contained within the AMEBOFAMILY Website or the content contained within any Internet site
linked to or from the AMEBOFAMILY. The content within
the AMEBOFAMILY Website and the content within Internet sites
linked to or from the AMEBOFAMILY Website may include technical
or other inaccuracies or typographical errors. Changes are periodically
added to the content herein; these changes will be incorporated in new
versions of the AMEBOFAMILY Website and specifically are
included in this section agreement. AMEBOFAMILY and its
contributors may make improvements and/or changes in the content at any
time and from time to time.
You specifically acknowledge and agree
that AMEBOFAMILY is not liable for any defamatory, offensive,
fraudulent, or otherwise illegal conduct of any user. If you are
dissatisfied with any AMEBOFAMILY Website site content, or with
the access agreement of the AMEBOFAMILY Website, in whole or
in part, your sole and exclusive remedy is to discontinue using the
AMEBOFAMILY Website.
6. Indemnity
You
agree to indemnify and hold AMEBOFAMILY, its parent or
subsidiary companies and their affiliates, and their respective
directors, officers, employees, and agents from any and all liabilities,
claims and expenses, including reasonable attorneys fees, arising from
breach of this Agreement, any other policy, your use or access of the AMEBOFAMILY Website or any Internet site linked to or from the AMEBOFAMILY Website, or in connection with the transmission of
any Content on the AMEBOFAMILY Website.
7. Miscellaneous
This
Agreement comprises the entire agreement between AMEBOFAMILY
and you, and supersedes any prior agreements with respect to the subject
matter herein. AMEBOFAMILY may revise this Agreement or any
other policy at any time and from time to time, and such revision shall
be effective two (2) days upon posting notice of such revision
prominently on the AMEBOFAMILY Website.
You agree to review
this Agreement periodically to be aware of such revisions. If any such
revision is unacceptable to you, you must discontinue accessing the AMEBOFAMILY Website. Your continued accessing and use of the
AMEBOFAMILY Website following notice of any such revision shall
conclusively be deemed acceptance of all such revisions. The provisions
of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the
termination or expiration of this Agreement. If any provision of this
Agreement or any other policy be held invalid or unenforceable, that
portion shall be construed in accordance with applicable law as nearly
as possible to reflect the original intention of the parties and the
remaining portions will continue in full force and effect. The failure
of AMEBOFAMILY to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed as a waiver of
any provision or right.
This Agreement shall be governed by the
laws of the state or province of domicile of AMEBOFAMILY Group Ltd,
excluding its conflict of laws rules, and you and the AMEBOFAMILY Website each submit to the exclusive jurisdiction of the courts of
that state or province. This Agreement is personal to you and you may
not assign your rights or obligations there under to anyone. All logos,
brand names, products, trademarks and service marks appearing herein may
be the trademarks or service marks of their respective owners.
References to any trademark, service mark and links to or from the
AMEBOFAMILY Website have been done strictly for clarification
and identification and does not constitute endorsement by AMEBOFAMILY of the products, services or information offered by the owner
of such trademark, service mark or link or endorsement of AMEBOFAMILY by such trademark, service mark or link owner.