AMYTY – TERMS OF SERVICE
Welcome to Amyty (later referred as the “Service”), a networking software application provided by Amyty Ltd.
You and Amyty are together referred to as the “Parties”.
1.1 Amyty reserves the right to modify this User Agreement without further notice and your continued use of the Service thereafter means that you accept those changes. If you wish no longer to be a part of this User Agreement, you must delete your account. The up-to-date version is always available on our website.
1.3. If you do not follow the terms set out in this User Agreement, Amyty may cancel your account.
1.4. Amyty may stop (permanently or temporarily) providing the Service (or any features within the Service) to you at Amyty’s sole discretion, without prior notice to you.
1.5 The Services are not intended for and should not be used by anyone under the age of 14. Customer must ensure that all Authorized Users are over 14 years old.
2.1. This User Agreement grants you the right to use the Service to sign up for different kind of events organized by the organizers (“Organizer”). As such events are the sole responsibility of the Organizers, and Amyty only provides the means for you and the event visitors to contact each other, Amyty is not liable for anything that concerns the events.
2.2. Subject to the terms and conditions of this User Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable and non-transferable license (“License”) to download, install and use the Service in accordance with this User Agreement on a mobile telephone, tablet, computer or other device (each, a “Device”) that you own or control.
2.3. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Service; (ii) reverse engineer, decompile, dissemble, or otherwise attempt to derive the source code for the platform; (iii) copy (except for back-up purposes), modify, adapt, alter, improve or create derivative works of the software or any part thereof; (iv) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or software; (v) use any communications systems provided by the Service or software to send unauthorized and/or unsolicited commercial communications; (vi) use the Amyty’s name, logo or trademarks in any other context except for using the Service without our prior written consent; (vii) use the Service or software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this User Agreement; and/or engage in any activity that interferes with or disrupts the Service.
3.1. In order to use some of the Service you may have to create or use an account (an “Account”). During registration you will be asked to choose a password.
3.2. When creating an account, you agree that you will only use your full, real name. You can create account only for yourself, and using Amyty on another person’s behalf is strictly prohibited. Since Amyty is intended for professional uses only, remember to act professionally when using it, and only use it for professional purposes. Users are not allowed to distribute any illegal material including but not limited to drugs, pornography, weaponry or terrorism.
3.3. If you create an Account, you must provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You acknowledge and agree that you are solely responsible for the safe usage, maintenance and confidentiality of the password that you use to log in to the Service. You must notify us immediately of any unauthorized use of your Account by emailing us at support@.amyty.co If there is any reason for us to assume that unauthorized third parties are using the Service or a user informs us from such a use, the account is immediately suspended.
3.4. You acknowledge and agree that the information you provide in the course of creating an account, joining an event community or registering for an event or other kind of use of the Service may be provided to and maintained by the Organizer, whether or not you complete the registration process, and may be used by the Organizer in connection with the event or future events or other products and services.
4. Location Data
5. Third Party Sources
5.1. The Service may also enable you to view, access, communicate and interact with third party sources (“Third Party Source(s)”) meaning third party websites and services.
5.2. We do not assume any responsibility for the content, actions or practices of, any Third Party Sources. Your interaction with a Third Party Source and your use of, and reliance upon, any content provided by Third Party Sources is at your sole discretion and risk.
5.3. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Amyty, and release Amyty from any and all liability, arising from your use of and interaction with any Third Party Source.
6. User Content
6.1. The Service may permit the hosting, sharing, posting and publishing of content by you and other users (“User Content"). Your User Content may be posted to the Service, or otherwise be made publicly available. You shall be solely responsible for your User Content and the consequences of posting or publishing them. We have complete discretion whether to publish your User Content and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete and/or remove any and all User Content at any time and for any reason. We do not guarantee any confidentiality with respect to any User Content.
6.2. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Content, and to enable inclusion and use thereof as contemplated by this User Agreement. You retain all of your ownership rights in your User Content.
6.4. You understand and acknowledge that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such User Content; and you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to such User Content.
6.5. We reserve the right to access, read, preserve and disclose any User Content or any other information that we obtain in connection with the Service as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce this User Agreement, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; or (iv) respond to your user support requests;
6.6. You agree that you will not send, display, post, submit, publish or transmit a User Content that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (iii) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (iv) breaches this User Agreement .
7. Intellectual Property Rights
7.1. You acknowledge that Amyty and its licensors retain all title, ownership rights and Intellectual Property Rights in and to the Service (and its related software). We reserve all rights not expressly granted herein to the Service. “Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
8.1. Currently you have the right to use the Service for free. However, we may in the future charge a fee for certain features and/or uses. You will not be charged for any such uses of the Service unless you first agree to such charges.
8.2. Possible payment information and payment methods will be specified and presented through the Service.
10. Warranty Disclaimers
10.1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
10.2. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SERVICE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
10.3. IF YOU HAVE A DISPUTE WITH ANY OTHER SERVICE USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
10.4. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
11. Limitation of Liability
11.1. UNDER NO CIRCUMSTANCES SHALL AMYTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, THAT ARISES UNDER OR IN CONNECTION WITH THIS USER AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE EVEN IF AMYTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. IN ANY EVENT, AMYTY’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS USER AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO AMYTY FOR USING THE SERVICE (NOT INCLUDING ANY FEES PAID FOR TRANSACTIONS) WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
11.3. FURTHERMORE, AMYTY IS NOT LIABLE FOR ISSUES RELATING TO CONSUMER PROTECTION ACT. SUCH MATTERS ARE SOLELY THE RESPONSIBILITY OF THE ORGANIZER OF THE PROFESSIONAL EVENT IN QUESTION.
YOU AGREE THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE SERVICE AND YOUR PERFORMANCE UNDER THIS AGREEMENT.
12.1. You agree to defend, indemnify and hold harmless Amyty and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Service, including but not limited to your User Content; (ii) your violation of this User Agreement ; and (iii) your violation of any third party right, including without limitation any Intellectual Property Right or privacy right.
13. Term and Termination
13.1. This User Agreement is effective until terminated by us or by you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Service; and/or (ii) terminate this User Agreement and your use of the Service with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this User Agreement or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
13.2. Upon termination of this User Agreement, you shall cease all use of the Service. This Section 13.2 and Sections 7 (Intellectual Property Rights), 9 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability), 12 (Indemnity), 15 (Governing Law and Disputes) and 16 (Miscellaneous) shall survive termination of this User Agreement.
14.1. This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Amyty without restriction or notification.
15. Governing Law and Disputes
15.1. This User Agreement shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of laws rules.
15.2. In the event of any dispute arising out of this User Agreement or the breach thereof, the Parties shall use their best endeavours to settle such disputes. If the Parties do not reach such solution within a period of sixty (60) days, you agree to submit to the exclusive jurisdiction of the courts located in the city of Toronto, Canada to resolve any legal matter arising from this Agreement.
Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
16.1. This User Agreement, and any other legal notices published by us in connection with the Service shall constitute the entire agreement between you and Amyty concerning the Service. In the event of a conflict between this User Agreement and any of the foregoing, the terms of this User Agreement shall prevail.
16.2. No amendment to this User Agreement shall be binding unless in writing and signed by Amyty.
16.3. If any provision of this User Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this User Agreement, which shall remain in full force and effect.
16.4. No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision.
16.5. You agree that any cause of action that you may have arising out of or related to this User Agreement must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
17. Usages Rules
17.1. If you are downloading the software from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the software and the Service (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors in the section 18 below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the software has been downloaded from.
17.2. You acknowledge that, prior to downloading the Service from a Distributor or using the Service, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the software and the Service are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Service; if you are unable to make such a representation you are prohibited from installing and/or using the Service. You agree that any right to refund under the Usage Rules shall not apply to Fees you pay for the Service under Section 8.
18. Distributor Requirements and Usage Rules
18.1. If you download the Service from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS app) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
You acknowledge and agree that:
1. this Agreement is concluded between Amyty and you only, and not with Apple, and Amyty and its licensors, and not Apple, is solely responsible for the software and the content thereof.
2. your use of the Service is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
3. the License granted herein is limited to a non-transferable right to use the Service on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
4. Amyty is solely responsible for providing any maintenance and support services with respect to the Service, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service;
5. Amyty is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the Service to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Amyty’s sole responsibility;
6. Amyty, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the Service or your possession and/or use of the Service;
7. in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim;
8. Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
18.2 You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.