Terms of Use
We provide the Automated Marketing System to you subject to these Terms of Use (“Terms”), which may be updated by us from time to time pursuant to Section 1 herein. By accessing and using the Automated Marketing System, you accept and agree to be bound by these Terms, AMS’s Privacy Policy found here. If you do not agree to these Terms, you should not access or use the Automated Marketing System.
In addition, when accessing the Automated Marketing System you shall be subject to any posted guidelines or rules applicable to the Automated Marketing System, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
1. Changes to Terms
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Automated Marketing System after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
2. Changes to Automated Marketing System
We may change or discontinue any aspect, service or feature
of the Automated Marketing System at any time, including, but not limited to,
content, availability, and equipment needed for access or use.
3. User Content Guidelines
The following terms apply to content submitted by you:
3.1 The Automated Marketing System contains messaging capabilities and other features (“Interactive Areas”) in which you may post or upload and send content, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Automated Marketing System.
3.2 By submitting any User Content or participating in an Interactive Area within or in connection with the Automated Marketing System, you agree that you will not upload, post or otherwise transmit any User Content that
- Violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- You know to be false, misleading or inaccurate;
- Contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
- Dontains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;
- Violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;
- Advocates violent behavior;
- Poses a reasonable threat to personal or public safety;
- Contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes;
- Is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by AMS, in its sole discretion, to have
- Violated the intellectual property or other rights of others;
- Contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or
- Uses the name or likeness of an identifiable natural person without such person’s consent, shall be barred from submitting or posting any further material on the Automated Marketing System. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.
3.3 You agree not to represent or suggest, directly or indirectly, the AMS’s endorsement of User Content.
3.4 You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
3.5 You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
3.6 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Automated Marketing System will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by you.
3.7 We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content submitted on the Automated Marketing System. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
3.8 We have the right, but not the obligation, to monitor User Content posted or uploaded to the Automated Marketing System to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request and are granted access for technical purposes. We do not guarantee the authorization, effect, and use of the Automated Marketing System by any individual and/or employee, representative, authorized agent, principal, assignor, or any other individual who has access to, or will use Automated Marketing System. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Automated Marketing System, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Automated Marketing System at any time and for any reason for fraudulent uses and/or technical support requested by the User. All other use of Automated Marketing System is at the sole discretion, agreement, and understanding of the User, who agrees to maintain compliance with state and federal law for the Automated Marketing System’s use, along with internal policies and procedures if use is made by an entity, organization, and/or company. You are solely responsible for creating backup copies of and replacing any User Content posted to the Automated Marketing System at your sole cost and expense. The decision by AMS to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Automated Marketing System.
3.9 By submitting User Content to the Automated Marketing
System, you automatically grant us a royalty-free, perpetual, irrevocable,
non-exclusive, worldwide right and license to use, reproduce, modify, adapt,
edit, translate, store, and transmit User Content (in whole or in part) in any
form, media or technology now known or hereafter developed, without payment to
you or to any third parties. Additionally, to the fullest extent permitted
under applicable law, you waive your moral rights in the User Content and agree
not to assert such rights against us. You represent and warrant to us that you
have the full legal right, power and authority to grant to us the license
provided for herein, that you own or control the complete exhibition and other
rights to the User Content you submitted for the purposes contemplated in this
license and that neither the User Content nor the exercise of the rights
granted herein shall violate these Terms, or infringe upon any rights,
including the right of privacy or right of publicity, or constitute a libel or
slander against, or violate any common law or any other right of, or cause
injury to, any person or entity. You further grant to us the right, but not the
obligation, to pursue at law any person or entity that violates your or our
rights in the User Content by a breach of these Terms.
4. User Conduct Guidelines
The following terms apply to your conduct when accessing or using the Automated Marketing System:
- You agree not to interfere with or disrupt the Automated Marketing System or the servers or networks connected to the Automated Marketing System, or disobey any requirements, procedures, policies or regulations of networks connected to the Automated Marketing System;
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Automated Marketing System, use of the Automated Marketing System, or access to the Automated Marketing System;
- You agree not to engage in any activity that would constitute a criminal offense or give rise to civil liability;
- You agree not to impersonate any person or entity, including, but not limited to, the AMS or any AMS employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
- You agree not to interfere with
any other user’s right to privacy, including by harvesting or collecting
personally-identifiable information about users of the Automated Marketing
System or posting private information about a third party.
5. Intellectual Property Rights
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Automated Marketing System is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Automated Marketing System or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
You may display, copy and download Content from the Automated Marketing System solely for your personal and non-commercial use provided that:
- You do not remove any copyright or proprietary notice from the Content;
- Such Content will not be copied or posted on any networked computer or published in any medium; and
- No modifications are made to such
Content.
6. Disclaimer of Warranty; Limitation of Liability
- YOU EXPRESSLY AGREE THAT USE OF THE AUTOMATED MARKETING
SYSTEM IS AT YOUR SOLE RISK. AMS, ITS OTHER AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE
PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE AUTOMATED MARKETING
SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE AUTOMATED MARKETING SYSTEM,
NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH THE AUTOMATED MARKETING SYSTEM. YOU SPECIFICALLY
AGREE THAT USE OF INTEGRATIONS, AUTOMATED MARKETING SYSTEM PROGRAMMING
INTERFACES (API), OR OTHER METHODS TO IMPORT AND/OR EXPORT IS PERFORMED AT YOUR
SOLE RISK.
- THE AUTOMATED MARKETING SYSTEM 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 MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THESE TERMS.
- TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN
NO EVENT SHALL AMS, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO
YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE
GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE AUTOMATED MARKETING
SYSTEM OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE
AUTOMATED MARKETING SYSTEM, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO
OR ON THE AUTOMATED MARKETING SYSTEM. YOU AGREE THAT THIS LIMITATION OF
LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF
THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF AMS OR FUTURE PARENT OR
AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY
ACKNOWLEDGE THAT AMS OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE
FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER
USERS OF THE AUTOMATED MARKETING SYSTEM OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. - We disclaim any and all liability of any kind for any
unauthorized access to or use of your data. By accessing the Automated
Marketing System, you acknowledge and agree to our disclaimer of any such
liability. If you do not agree, you should not access or use the Automated
Marketing System.
7. Indemnification
You agree to defend, indemnify and hold harmless AMS, its
affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys’ fees, arising out of
the use of the Automated Marketing System by you. AMS reserves the right to
take over the exclusive defense of any claim for which we are entitled to
indemnification under this section. In such event, you shall provide AMS with
such cooperation as is reasonably requested by AMS.
8. Termination
We may terminate or suspend these Terms at any time without
notice to you. Without limiting the foregoing, we shall have the right to
immediately terminate your access to the Automated Marketing System in the
event of any conduct by you which we, in our sole discretion, consider to be
unacceptable, or in the event of any breach by you of these Terms. The
provisions of Sections 2, and 4-11 shall survive termination of these Terms.
9. Governing Law
The content, data, video, and all other material and features on the Automated Marketing System is presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Automated Marketing System, and/or the provision of content, services, and/or technology on or through the Automated Marketing System shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws and provisions.
Please report any violations of these Terms to the
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10. Copyrights and Copyright Agent
We respect others’ intellectual property rights, and expect
our users and customers to do the same. If you believe that your work has been
copied on the Automated Marketing System in a way that constitutes copyright
infringement, please contact
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access to the Automated Marketing System for users or customers who post
material that infringes the intellectual property rights of others.
11. Miscellaneous
These Terms and any operating rules for the Automated
Marketing System established by us constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject
matter. The provisions of these Terms are for the benefit of the AMS, its
affiliates and its third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly or on its own
behalf. No waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default. If any
part of these Terms is found by a court of competent jurisdiction to be invalid
or unenforceable, it will be replaced with language reflecting the original
purpose in a valid and enforceable manner. The enforceable sections of these
Terms will remain binding upon the parties. The section headings used herein
are for convenience only and shall not be given any legal import.
