You are responsible for maintaining the confidentiality of your password; you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to Amuze.com shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

 

Use of the Site/License/Services

Amuze grants you a limited license to make personal use of the Amuze Site. This license grant does not include:
  • (a) any resale or commercial use of the Amuze Site or content therein;
  • (b) the collection and use of any product listings or descriptions;
  • (c) making derivative uses of the Amuze Site and its contents;
  • (d) use of any data mining, robots, or similar data gathering and extraction methods on the Amuze Site. Except as noted above, Users of the Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Amuze or any third party.

You may not use, frame or utilize framing techniques to enclose any Amuze trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Amuze's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Amuze name, trademark, or product name without Amuze’s express written consent. Any unauthorized use of the Amuze Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Permitted uses of the Amuze Site include soliciting opinions, ideas and other input from Users; sharing ideas and opinions with other Users, searching the Amuze Site for User Content (as defined herein) and business or product information, and purchasing goods or services from the Amuze Site for personal use, not for resale. You may also invite people you know to join Amuze.com. You acknowledge and agree that we do not control the User Content posted to the Site, or any links to other websites, including the content of any messages posted by Users, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Amuze Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on Amuze.com All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of Amuze. You understand that, by using the Amuze Site, you may be exposed to User Content that is offensive, indecent or objectionable. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

 

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity using your User ID to): download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Amuze Site, except and to the extent expressly permitted under these Terms of Use; remove any copyright, trademark or other proprietary rights notice contained in or on the Amuze Site; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Amuze Site; collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users; reformat or frame any portion of any Web pages that are part of the Amuze Site; create user accounts by automated means or under false or fraudulent pretenses; create or transmit to other Users unsolicited electronic communications, such as "spam," or otherwise interfere with other Users' enjoyment of the Amuze Site; submit to the Amuze Site any content that falsely states or implies that such content is sponsored or endorsed by us;

transmit or upload to the Amuze Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Amuze Site, any other Web site, or any computer or other device or system, or the enjoyment of Amuze by any User;

use the Amuze Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes); submit to the Amuze Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Amuze Site to transfer or store illegal material, including any material deemed threatening or obscene; copy or store any User Content offered on the Amuze Site other than for your personal, non-commercial use; take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on the Amuze Site or the IT infrastructure used to operate and make the Amuze Site available;

use Amuze.com and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

 

User Content Posted on Amuze.com

Registered Users of Amuze.com may upload User-created content to our websites, including but not limited to: product reviews, pictures or photographs, videos, graphics, comments, or original ideas or concepts (collectively, "User Content"). Without limiting the generality of any other provisions of these Terms of Use, you agree: You may not post, upload or transmit any User Content that
  • (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party
  • (ii) is proprietary to a third party, without such third party's prior written consent

or You understand and agree that we do not monitor but reserve the right to review and delete any User Content, including User Content that, in our sole discretion

  • (i) violates these Terms of Use
  • (ii) is offensive or illegal
  • (iii) may harm, violate the rights of or threaten the safety of any, violate the rights of or threaten the safety of any User and/or any other individual or entity.

Copyrights

If you believe any User Content or any other aspect of the Amuze Site infringes your copyright, you should email notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the
  • Amuze Site; Your address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not
  • authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue. Our designated copyright agent for notice of claims of copyright infringement on the Amuze Site may be reached at the following email address: Info@Amuze.com

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above: 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 Cook County, Illinois, 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, Amuze 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 Amuze’s sole discretion.

 

Ownership

As between you and us, the Amuze Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Amuze Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Amuze Site are the proprietary property of Amuze or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Amuze Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Amuze Site without the express written permission of the trademark owner. Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of Amuze.

 

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE RETAILER SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE RETAILER SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE RETAILER SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE RETAILER SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RETAILER SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE AMUZE SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE AMUZE SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RETAILER SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE RETAILER SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, 19 WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE AMUZE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

 

Limitation on Liability

IN NO EVENT SHALL RETAILER OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE RETAILER SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RETAILER SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, RETAILER' RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE RETAILER SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE RETAILER SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

 

Indemnity

You agree to indemnify and hold Amuze and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Amuze Site, (ii) your use of the Amuze Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

 

Third Party Advertisements and Links to Third Party Sites

We may display advertisements from third parties on the Amuze Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE RETAILER SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.