AMATEURAZZI.COM
TERMS OF
USE
I. ACCEPTANCE
OF TERMS OF USE
A.
By using and/or visiting this website (collectively, including all
Content available through the Amateurazzi.com domain name, the "Amateurazzi Website", or "Website"), you signify your
agreement to (1) these terms and conditions (the "Terms of Use") and (2) Amateurazzi's privacy notice, found at http://www.amateurazzi.com/privacy.aspx and incorporated herein by
reference. If you do not agree to any of
these Terms of Use or the Amateurazzi privacy notice, please do not use the Amateurazzi
Website.
B.
Although we may attempt to notify
you when major changes are made to these Terms of Use, you should periodically
review the most up-to-date version at http://www.amateurazzi.com/terms.aspx. Amateurazzi may, in its sole discretion,
modify or revise these Terms of Use and policies at any time, and you agree to
be bound by such modifications or revisions. Nothing contained herein shall be deemed to
confer any rights or benefits on any third person, and no third person shall
otherwise be deemed a third party beneficiary hereof.
II. AMATEURAZZI WEBSITE
A.
These Terms of Use apply to all users of the Amateurazzi Website,
including users who are also contributors of photographs, content, information,
and other materials or services on the Website. The Amateurazzi Website
includes all aspects of Amateurazzi.
B.
The Amateurazzi Website may
contain links to third party websites that are not owned or controlled by Amateurazzi.
Amateurazzi has no control over, and assumes
no responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, Amateurazzi
will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Amateurazzi
from any and all liability arising from your use of any third-party website,
whether or not linked to the Amateurazzi Website. Accordingly, we encourage you to be aware
when you leave the Amateurazzi Website and to read the terms and conditions and
privacy policies of each other website that you visit.
III. AMATEURAZZI ACCOUNTS
A.
In order to access some features
of the Website, you will have to create a Amateurazzi account. You may never use another user’s account
without express permission from such user. When creating your account, you must provide
accurate and complete information and your use of the Website constitutes a
representation and warranty that all such information is true and correct. You are solely responsible for the activity
that occurs on your account, and you agree to keep your account password
secure. You agree to notify Amateurazzi immediately of any breach of security
or unauthorized use of your account.
B.
Although Amateurazzi will not be
liable for your losses caused by any unauthorized use of your account, you may
be liable for the losses of Amateurazzi or others due to such unauthorized use.
IV. RESTRICTIONS ON USE OF WEBSITE
Amateurazzi
hereby grants you permission to access and use the Website as set forth in
these Terms of Use, provided that:
A.
You agree not to distribute in any
medium any part of the Website, including, but not limited to, User Submissions
(defined below), without Amateurazzi's prior written authorization in each
instance.
B.
You agree not to alter or modify
any part of the Website, including, but not limited to, any technologies
utilized by the Website or Amateurazzi, User Submissions and any trademarks,
logos or other content or materials contained on the Website (collectively “Amateurazzi Content”).
C.
You agree not to access User
Submissions or Amateurazzi Content through any technology or means other than
those means provided by Amateurazzi on the Website.
D.
You agree not to use the Website
for any commercial use without the express prior written authorization of Amateurazzi
in each instance. Prohibited commercial
uses include any of the following actions taken without Amateurazzi's express
approval:
·
sale of access to the Website or its related services on another
website or through any other means;
·
use of the Website or its related services for the primary purpose
of gaining advertising or subscription revenue;
·
the sale of advertising on the Amateurazzi Website or any
third-party website, targeted to the content of specific User Submissions or Amateurazzi
Content;
·
and any use of the Website or its related services that Amateurazzi
determines, in its sole discretion, to use Amateurazzi's resources or User
Submissions or other Amateurazzi Content with the effect of competing with or
displacing the market for Amateurazzi, Amateurazzi Content, or its User
Submissions.
E.
You agree not to use or launch any
automated system, including, without limitation, "robots,"
"spiders," or "offline readers," that accesses the Website
in a manner that sends more request messages to the Amateurazzi servers in a
given period of time than a human can reasonably produce in the same period by
using a conventional on-line web browser. Notwithstanding the foregoing, Amateurazzi
grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials,
but not caches or archives of such materials. Amateurazzi reserves the right to
revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website (e.g. comments,
email) for any commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User Submissions.
F.
You will otherwise comply with the
terms and conditions of these Terms of Use and all applicable local, national,
and international laws and regulations, including, without limitation, all
applicable copyright and trademark laws and regulations. Nothing contained in these Terms of Use shall
be deemed to limit, restrict, abrogate or impair in any way Amateurazzi’s
rights and entitlements under such laws and regulations.
G. Amateurazzi reserves the right to
discontinue any aspect of the Amateurazzi Website at any time in its sole and
absolute discretion.
V. USE OF CONTENT ON THE WEBSITE
In
addition to the general restrictions set forth above, the following
restrictions and conditions apply specifically to your use of content on the Amateurazzi
Website:
A.
The content on the Amateurazzi
Website, except all User Submissions and comments, including without
limitation, the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content") and the trademarks, service marks and logos
contained therein ("Marks"),
are owned by or licensed to Amateurazzi, subject to copyright and other
intellectual property rights under law. Content
on the Website is provided to you AS IS for your information and personal use
only and may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective owners.
Amateurazzi reserves all rights not expressly granted in and to the Website and
the Content.
B.
You may access User Submissions
solely for your information and personal use, as intended through the normal
functionality of the Amateurazzi service.
C.
You may access the Content, User
Submissions and other content only as permitted under these Terms of Use. Amateurazzi reserves all rights not expressly
granted in and to the Content, Marks, Website and the Amateurazzi service.
D. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third
parties obtained through the Website for any commercial purposes.
F.
You agree not to circumvent,
disable or otherwise interfere with security-related features of the Amateurazzi
Website or features that prevent or restrict use or copying of any Content or
enforce limitations on use of the Amateurazzi Website or the Content therein.
G.
You understand that when using the Amateurazzi
Website, you will be exposed to User Submissions from a variety of sources, and
that Amateurazzi is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such User Submissions. You
further understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you agree to
waive, and hereby do waive, any legal or equitable rights or remedies you have
or may have against Amateurazzi and its affiliates, owners, operators and
licensors with respect thereto, and agree to indemnify and hold Amateurazzi and
its affiliates, owners, operators and licensors harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
VI. USER SUBMISSIONS AND CONDUCT
A.
As an Amateurazzi account holder
you may submit photographs ("User
Photos") and textual content ("User Comments") in accordance with and subject to these Terms
of Use. User Photos and User Comments
are collectively referred to as "User
Submissions." You understand and
agree that whether or not such User Submissions are published, Amateurazzi does
not guarantee any confidentiality with respect to any User Submissions.
B.
You shall be solely responsible
for your own User Submissions and the consequences of posting or publishing
them. In connection with User
Submissions, you affirm, represent, and/or warrant that you own or have the
necessary licenses, rights, consents, and permissions from all applicable third
parties and under all applicable local, national and international rules, laws
ands regulations to use and authorize Amateurazzi to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Use.
C.
For purposes of clarity and the
avoidance of doubt, you retain all of your ownership rights (including under
copyright) in your User Submissions. Notwithstanding the foregoing, by submitting
User Submissions to Amateurazzi, you hereby grant Amateurazzi a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display, perform and
otherwise exhibit or exploit the User Submissions in connection with the Amateurazzi
Website (and the advertising and promotion thereof) and Amateurazzi's (and its
successors' and affiliates') business, including, without limitation, for
promoting and redistributing part or all of the Amateurazzi Website (and
derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Amateurazzi
Website a non-exclusive license to access your User Submissions through the
Website, and to use, reproduce, distribute, display and perform such User
Submissions as permitted through the functionality of the Website and under
these Terms of Use. The above licenses
granted by you in User Photos terminate within a commercially reasonable time
after you remove or delete your User Photos from the Amateurazzi Service. You
understand and agree, however, that Amateurazzi may retain, but not display,
distribute, or perform, server copies of User Submissions that have been
removed or deleted. The above licenses
granted by you in User Comments are perpetual and irrevocable.
D.
In connection with User
Submissions, you further agree that you will not submit material that is
copyrighted, protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner to post the
material and to grant Amateurazzi all of the license rights granted herein.
E. Amateurazzi does not endorse any
User Submission or any opinion, recommendation, or advice expressed therein,
and Amateurazzi expressly disclaims any and all liability in connection with
User Submissions. Amateurazzi does not
permit copyright infringing activities and infringement of intellectual
property rights on its Website, and Amateurazzi will remove all Content and
User Submissions if properly notified that such Content or User Submission
infringes on another's intellectual property rights. Amateurazzi reserves the right to remove
Content and User Submissions without prior notice.
VII. USER ACCOUNT TERMINATION
A.
Amateurazzi will terminate a user's
access to the Website (or remove any User Submissions) in its sole and absolute
discretion, including, without limitation, if such user is determined by
Amateurazzi in its absolute discretion to be a repeat infringer of third party
intellectual property rights.
B.
Amateurazzi reserves the right to
decide whether Content or a User Submission is appropriate and complies with
these Terms of Use for violations other than copyright infringement and
violations of intellectual property law, such as, but not limited to,
pornography, obscene or defamatory material. Amateurazzi may remove such User Submissions
and/or terminate a user's access for uploading such material in violation of
these Terms of Use at any time, without prior notice and at its sole
discretion.
VIII. DIGITAL MILLENNIUM COPYRIGHT ACT
A.
If you are a copyright owner or an
agent thereof and believe that any User Submission or other content infringes
upon your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA")
by providing our Copyright Agent (see below) with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
·
A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
·
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that
site;
·
Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or access to
which is to be disabled and information reasonably sufficient to permit the
service provider to locate the material;
·
Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if available, an
electronic mail;
·
A statement that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and
·
A statement that the information in the notification is accurate,
and under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
Amateurazzi's
designated Copyright Agent to receive notifications of claimed infringement is:
Stephanie Goldfinger, 848 N. Rainbow Blvd. #1313, Las Vegas, NV 89107
stephanie@amateurazzi.com. For
purposes of clarity, only DMCA notices should go to the Copyright Agent; any
other feedback, comments, requests for technical support, and other
communications should be directed to Amateurazzi customer service through [insert
general customer service link]. You
acknowledge that if you fail to comply with all of the requirements of this
Section 5(D), your DMCA notice may not be valid.
B.
If you believe that your User
Submission that was removed (or to which access was disabled) is not
infringing, or that you have the authorization from the copyright owner, the
copyright owner's agent, or pursuant to the law, to post and use the content in
your User Submission, you may send a counter-notice containing the following
information to the Copyright Agent:
·
Your physical or electronic signature;
·
Identification of the content that has been removed or to which
access has been disabled and the location at which the content appeared before
it was removed or disabled;
·
A statement that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification of the
content; and
·
Your name, address, telephone number, and e-mail address, a
statement that you consent to the jurisdiction of the federal court in Los
Angeles, California, and a statement that you will accept service of process
from the person who provided notification of the alleged infringement.
If
a counter-notice is received by the Copyright Agent, Amateurazzi may send a
copy of the counter-notice to the original complaining party informing that
person that it may replace the removed content or cease disabling it in 10
business days. Unless the copyright
owner files an action seeking a court order against the content provider,
member or user, the removed content may be replaced, or access to it restored,
in 10 to 14 business days or more after receipt of the counter-notice, at Amateurazzi's
sole discretion.
IX. WARRANTY DISCLAIMER
YOU
AGREE THAT YOUR USE OF THE AMATEURAZZI WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AMATEURAZZI,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AMATEURAZZI MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR
THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AMATEURAZZI WEBSITE. AMATEURAZZI DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE AMATEURAZZI WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AMATEURAZZI WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
X. LIMITATIONS OF LIABILITY
IN
NO EVENT SHALL AMATEURAZZI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AMATEURAZZI WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU
SPECIFICALLY ACKNOWLEDGE THAT AMATEURAZZI SHALL NOT BE LIABLE FOR USER
SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY
AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The
Website is controlled and offered by Amateurazzi from its facilities in the
United States of America. Amateurazzi
makes no representations that the Amateurazzi Website is appropriate or
available for use in other locations. Those
who access or use the Amateurazzi Website from other jurisdictions do so at
their own volition and are responsible for compliance with local law.
XI. INDEMNITY
You
agree to defend, indemnify and hold harmless Amateurazzi, its parents,
subsidiary and other affiliated entities, and its and their respective
officers, directors, members, shareholders, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including, but not limited to, attorney's fees) arising
from: (i) your use of and access to the Amateurazzi Website; (ii) your
violation of any term of these Terms of Use; (iii) your violation of any third
party right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that one of your User Submissions caused damage to a
third party. This defense and
indemnification obligation will survive these Terms of Use and your use of the Amateurazzi
Website.
XII. ABILITY TO ACCEPT TERMS OF USE
You
affirm that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and to abide
by and comply with these Terms of Use. In
any case, you affirm that you are over the age of 13, as the Amateurazzi Website is not intended for children under 13.
If you are under 13 years of age, then
please do not use the Amateurazzi Website.
Talk to your parents about what sites are appropriate for you.
XIII. ASSIGNMENT
These
Terms of Use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Amateurazzi without
restrictions of any kind.
XIV. GENERAL
You
agree that: (i) the Amateurazzi Website shall be deemed solely based in
California; and (ii) the Amateurazzi Website shall be deemed a passive website
that does not give rise to personal jurisdiction over Amateurazzi, either
specific or general, in jurisdictions other than California. These Terms of Use
shall be governed by the internal substantive laws of the State of California,
without respect to its conflict of laws principles. Any claim or dispute between you and Amateurazzi
that arises in whole or in part from the Amateurazzi Website shall be decided
exclusively by a court of competent jurisdiction located in Los Angeles,
California. These Terms of Use, together
with the Privacy Notice at http://www.amateurazzi.com/privacy.aspx and
any other legal notices published by Amateurazzi on the Website, shall
constitute the entire agreement between you and Amateurazzi concerning the Amateurazzi
Website. If any provision of these Terms of Use is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Use, which shall remain
in full force and effect. No waiver of
any term of this these Terms of Use shall be deemed a further or continuing
waiver of such term or any other term, and Amateurazzi's failure to assert any
right or provision under these Terms of Use shall not constitute a waiver of
such right or provision. Amateurazzi
reserves the right to amend these Terms of Use at any time and without notice,
and it is your responsibility to review these Terms of Use for any changes. Your use of the Amateurazzi Website following
any amendment of these Terms of Use will signify your assent to and acceptance
of its revised terms. YOU AND AMATEURAZZI
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AMATEURAZZI
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
END OF TERMS OF USE