General
The terms, conditions, and notices set forth herein ("Terms of Use") govern how you may access and use amuseapp.com, its subdomains, our mobile applications, other downloadable apps, and web-based applications (our "Software"). Your use of the Amuse Technologies, Inc. (the “Company”) Software constitutes your agreement and acceptance without modification of the Terms of Use. If you do not agree to accept without modification the Terms of Use, do not use the Software. These Terms of Use are subject to change from time to time without notice. Your use of the Software following any change constitutes your agreement to be bound by the Terms of Use then in effect.
Use license
The Company grants you the non-exclusive permission to view our Software and to print individual pages from our Software for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms, and conditions set forth in this agreement. You must be at least 18 years of age to use our Software.
As a condition of your use of our Software, you warrant to us that you will not use the Software for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these terms and conditions, or violate any federal, state, local or other applicable law or regulation, your authorization to use our Software automatically terminates, and you must immediately cease use of the Software, including any materials that you may have previously printed.
Copyrights
The Software, and all materials on our Software, including photographs, designs, illustrations, images and text are the copyrighted property of the Company and its affiliates, or third party content providers. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products and services or services from our Software. For purposes of these Terms of Use, any use of the materials contained on this site or any other website or for any other purposes except as provided in the Terms of Use is expressly prohibited.
Trademarks
The trademarks, service marks and logos (the “Trademarks”) used and displayed on our Software are registered and unregistered trademarks of the Company and others. Nothing in our Software should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Software, without the prior written permission of the Trademark owner. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The Company name may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Software, without prior written permission from the Company. The Company prohibits use of any links to the site unless establishment of such a link is approved in advance by The Company in writing. Fair use of the Company’s Trademarks requires proper acknowledgment. Other product and company names mentioned in our Software may be the Trademarks of their respective owners, and should not be used without the permission of the trademark owner.
Products and services
The products and services displayed on our Software are only available to customers in the US, and the Company cannot guarantee the availability of products and services outside of these areas. In addition, the Company reserves the right to limit quantities, and certain products and services may be in limited quantity and/or availability in certain areas from time to time. The prices of products and services displayed on our Software are quoted in U.S. dollars and are valid and effective only within the United States. The Company is not responsible for any errors in pricing or product and service descriptions, including typographical errors. The Company reserves the right to change its prices for its products and services from time to time.
Links to third party sites
This Software may contain links to sites owned or operated by parties other than the Company. Such links are provided for your reference only. The Company does not control outside sites and is not responsible for their content. The Company’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does inclusion of the links imply that the Company is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. If you decide to access any of the third party sites linked to our Software, you do so entirely at your own risk.
Feedback
Any comments or feedback you provide to the Company regarding the Software or the Company’s products or services are deemed to be non-confidential. This includes suggestions, ideas, comments or other submissions to the Company, whether through the Software or otherwise. The Company shall be free to use such comments or feedback on an unrestricted basis, without compensation to you. You agree that no comments or feedback submitted by you to the Company will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.
Disclaimers of warranties / limitation of liability
While the Company uses reasonable efforts to confirm the reliability and accuracy of information on the Software, there is no guarantee that such information is accurate, and therefore all information is provided on an “as is” basis.
THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT OR THE PRODUCTS AND SERVICES OR SERVICES ASSOCIATED WITH THIS SITE, OR THE SUITABILITY OF THE CONTENT, PRODUCTS OR SERVICES ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE (INCLUDING YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE) OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE COMPANY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW
Indemnification
You agree to defend, indemnify, and hold the Company, its officers, directors, managers, members, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Contacting us
If you have any questions about this agreement, please contact us via the form on amuseapp.com. Although the Company will in most circumstances be able to receive your inquiry or other information provided through our Software (including, without limitation, service requests and other submissions), the Company does not guarantee that it will receive all such inquiries or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such inquiry or other information.
Jurisdiction and governing laws
You agree that this agreement and your use of our Software are governed by the laws of the Commonwealth of Massachusetts, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Suffolk County, Massachusetts, USA in all disputes arising out of, relating to, or in any manner concerning our Software and/or this agreement. Use of our Software is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. The Company has endeavored to comply with all legal requirements known to it in creating and maintaining our Software, but makes no representation that materials on our Software are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Arbitration
Any claim, dispute or controversy arising out of, relating to or concerning our Software and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Boston, MA, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
Miscellaneous
You agree that the Company may at any time and without notice change the terms, conditions and notices under which our Software is offered. Your continued use of the Software after the posting of a revised Terms of Use means that you accept and agree to the changes. The Company reserves the right in its sole discretion to deny access to the Software or any portion thereof to any person or user without notice.
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this agreement or your use of our Software.
The Company’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of the Company’s right to comply with law enforcement requests or requirements relating to your use of our Software or information provided to or gathered by the Company with respect to such use.
This agreement and the Company Privacy Policy constitutes the entire agreement between you and The Company with respect to our Software. This agreement and the Company Privacy Policy supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to our Software. No modification of this agreement shall be effective unless it is authored by the Company or its affiliates, or unless it is physically signed by a Company officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by the Company in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of our Software to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by the Company in printed form.
