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Amara Terms of Service and Agreement

March 21, 2017

Welcome to the Amara Project, a global community for whom meaningful human engagement and purpose are key to a long, healthy, rewarding life. Our Members engage with each other through discussions, events, activities and work both online and in our local communities. We share information, ideas and advice. We invite each other to events and activities. 


Terms of Service Agreement

This Agreement is an electronic contract that establishes the legally binding terms you must accept in order to use or interact with Amara and its Members, employees, officers and directors. By accessing or interacting with Amara you agree to be bound by these Terms of Service, as well as the Community Guidelines and Privacy Policy which are incorporated herein (this "Agreement"). You further consent to receive this Agreement and all related notices, updates and changes in electronic form. To withdraw your consent, you must cease using Amara and terminate your account.

If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Services. Please contact us at support@amara.life with any questions regarding this Agreement.

Terms of service

Certain definitions

The Amara Project is our working name, but our company is known as Grayful, L.L.C. (Grayful).  All references to “The Amara Project” include Amara, Amara.life, Grayful and any entity controlling or controlled by Amara or Grayful.

“Amara Services” refers to the Amara.life website and all other websites, services (online or offline) and products provided by Amara.

“Visitor” means a person who can access only certain portions of the website. "Member" means a person who registers with Amara and has the ability to fully participate in the Community.

Eligibility

Certain content on Amara may be inappropriate for people under 18 years of age. By using Amara, you represent that you are over 18.

Account Security

You agree to keep your password confidential. You agree that your account at Amara is personal to you and may not be shared with anyone else. 

Membership Cancellation

You may cancel your Membership at any time, for any reason here. Amara may suspend or cancel your Membership if Amara has a good faith belief that you have breached this Agreement.

Upon cancellation of your Membership, Amara will refund a portion of your Membership dues equal to the number of months left in your annual membership divided by the dues actually paid for that year. 

The terms of this Agreement will remain in full force and effect for any terms that by their nature expire or are fully satisfied.

No commercial use

Amara Services are for personal use only. Except with prior written consent of Amara, you may not use Amara Services in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by Amara or (ii) inviting others to attend functions for solicitation or other commercial purposes. You may not use any information obtained from your interaction with Amara, any Amara Service, or any Member or Visitor to contact, advertise to, solicit, or sell to any Member or Visitor. Organizations, companies, and/or businesses may not use Amara Services for any purpose except as explicitly authorized in writing by Amara.

Privacy

When you become a Member, you agree and consent to receive email messages from Amara. Amara will never disclose your personal information to any third party without your express consent.  Please see our Privacy Policy for more information.

Interactions with Other Members

You are responsible for your interactions with other Members.. You understand that Amara currently does not conduct background checks or screenings on its Members.

Therefore, while Amara expects that Members will treat each other with respect and courtesy, as set forth in the Community Guidelines, Amara is not responsible for the conduct of any Member.

In no event shall Amara, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of Amara Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with Members or persons you meet through Amara Services or through Members.. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate offline or meet in person, or if you decide to send money or provide your personal information to a Member.. In addition, you agree to review the Community Guidelines prior to using Amara Services and always abide by their terms and conditions and endeavor to act in the spirit of collegiality and community they are designed to promote.

Proprietary Rights

Amara owns and retains all proprietary rights in Amara and all Amara Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Amara Services may contain the copyrighted material, trademarks, and other proprietary information of Amara and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible from or through Amara, without first obtaining the prior written consent of Amara. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Content Posted by You

You own the rights to the content you create and post on any Amara Service. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") or transmit to Members (or Visitors), including emails, videos, photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You agree not to post on any Amara Service or transmit to Amara or any Member or Visitor (either on an Amara Service or offline), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).

You understand and agree that Amara may, but is not obligated to, monitor or review any Content you post. You agree that Amara may delete any Content, in whole or in part, that in the sole judgment of Amara violates this Agreement or, in Amara’s sole judgment, is inconsistent with the Amara Mission or Community Guidelines.

By posting Content, you automatically grant to Amara, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works. You represent and warrant that any posting and use of your Content by Amara will not infringe or violate the rights of any third party.  However, Amara will never sell your Content to third parties without your explicit permission.

In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited. You may not post Content that:

  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • advocates harassment or intimidation of another person;
  • is intended to defraud Members (or Visitors) of the Website or Service;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or" spamming" (or "spimming", "phishing", "trolling" or similar activities);
  • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or other illegal manner;
  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  • disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
  • publicizes or promotes commercial activities and/or sales without Amara’s prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Amara reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing their offending communications without prior notice and terminating or suspending their Membership.

Use of Amara Services

You agree that you will:

  • Provide accurate information to Amara and keep it updated;
  • Provide your legal full name and current email address when registering;
  • Include only truthful and accurate information in your Amara profile;
  • Use Amara Services in a responsible manner in accordance with the provisions of this Agreement as amended from time to time.

You agree that you will never:

  • impersonate any person or entity or create a false identity; 
  • misrepresent your current or previous positions, qualifications or experience;
  • misrepresent your affiliations with a person or entity;
  • use or attempt to use another person’s account;
  • act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
  • share or disclose information that you do not have the right to disclose (such as disclosing confidential information of others without their express consent);
  • solicit money from any Members (or Visitors);
  • post any Content that is prohibited;
  • violate intellectual property rights of others or of Amara including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • "stalk" or otherwise harass any person, including send spam or other unwanted communications;
  • post any unauthorized advertising, including “junk mail”, “spam,” “chain letters,” “pyramid
  • schemes,” or any other form of solicitation unauthorized by Amara;
  • imply or state that you are affiliated with or endorsed by Amara without our specific prior written consent;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Amara Services or their contents;
  • collect usernames and/or email addresses of Members (or Visitors)  by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Amara services;
  • interfere with or disrupt Amara Services or the servers or networks connected to Amara Services;
  • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software);
  • "frame" or "mirror" any part of the Amara Service, without Amara's prior written authorization;
  • use meta tags or code or other devices containing any reference to Amara or Amara Services (or any trademark, trade name, service mark, logo or slogan of Amara) to direct any person to any other website for any purpose;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise
  • disassemble any portion of the Amara Services or any software used on or for Amara Services,
    or cause others to do so;
    post, use, transmit or distribute, directly or indirectly (e.g. screen scrape) in any manner or media any content or information obtained from Amara Services other than solely in connection with your use of Amara Services in accordance with this Agreement.

    Amara reserves the right to investigate and/or terminate your membership if you have violated the Community Guidelines or behaved in a way Amara regards as inappropriate or unlawful, including actions or communications that occur offline but involve Members (or Visitors)  you meet through the Amara Services or other Amara Members (or Visitors).

Your Account

Amara will never charge you without your express consent. You agree to pay Amara for all charges to which you consent, including any dues, fees or purchase prices for services and products purchased from or through Amara (“Purchases”). You agree to provide complete and accurate information for payment for your Purchases; including the name of your chosen payment provider and all information necessary for Amara to process your payment to and through such provider (“Payment Information”).

You authorize Amara to charge your chosen payment provider for such Purchases. You agree to keep all Payment Information current. Changes to your Payment Information can be made by going to your
account at www.amara.life

Automatic Renewals

Your Membership will continue indefinitely until cancelled by you. You authorize Amara to charge your account for renewals until your account is terminated by you or Amara.

Mobile Access

Amara Services may not work on all the devices you own. Please contact support@amara.life if you have any questions about device compatibility.

Modifications to Service

Amara reserves the right at any time to modify or discontinue, temporarily or permanently, the Amara Services in whole or in part, with or without notice. You agree that Amara shall not be liable to you or to any third party for any modification, suspension or discontinuance of any such site or service. To protect the integrity of Amara, Amara reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Amara Services.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on an Amara Service in a way that constitutes copyright infringement, please contact Amara at legal@amara.life.  Amara will use reasonable efforts to terminate the accounts of any repeat infringer.

Disclaimer of Warranties

This is our disclaimer of legal liability for the quality, safety, or reliability of our Amara Services. What this means is that you use Amara Services at your own risk and discretion and Amara provides no warranties for any Amara Service for any purpose. In addition, Amara will not be liable to you for any damages that arise from your use of Amara Services.  This includes damages if Amara is hacked or is for any reason unavailable.  This includes all types of damages and all kinds of legal claims (such as breach of contract, breach of warranty, tort). 

You acknowledge and agree that neither Amara nor its officers, employees, contractors, directors, advisors, affiliates and third party partners are responsible (and none shall have any liability, directly or indirectly), for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on or provided in connection with any Amara Service, whether caused by Members or Visitors or any of the equipment or programming associated with or utilized by Amara; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member or Visitor; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any Member or Visitor  communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members, Visitors or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with Amara or any Amara Service.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, AMARA PROVIDES THE AMARA SERVICES

ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY AMARA SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AMARA DOES NOT REPRESENT OR WARRANT THAT THE AMARA SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN OR ON ANY AMARA SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH AMARA OR ANY AMARA SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH AMARA OR ANY AMARA SERVICE.

From time to time, Amara may make third party opinions, advice, statements, offers, or other third party information or content available on an Amara Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. AMARA DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON ANY AMARA SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON ANY AMARA SERVICE. UNDER NO CIRCUMSTANCES WILL AMARA OR ITS OFFICERS, EMPLOYEES, CONTRACTORS, DIRECTORS, ADVISORS OR AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on any Amara Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Amara makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through any Amara Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Links

Amara Services may contain or Members may provide, links to other web sites or resources.

You acknowledge and agree that Amara is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through any Amara Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that Amara shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL AMARA OR ITS OFFICERS, EMPLOYEES, CONTRACTORS, DIRECTORS, ADVISORS, AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF AMARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AMARA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AMARA FOR THE SERVICE DURING THE MOST CURRENT TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY AMARA SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Arbitration and Governing Law

This Agreement is governed by the laws of the United States and the State of California, as applicable, without giving effect to their principles of conflicts of law. Amara and you agree that all disputes arising under this Agreement that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in San Mateo County, California.  The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction.  You agree that Amara may seek any interim or preliminary relief from a court of competent jurisdiction in California, necessary to protect its rights or property pending the completion of arbitration.

Indemnity by You

You agree to indemnify and hold Amara, its subsidiaries, and affiliates, and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on any Amara Service or as a result of the Amara Service, and the violation of any law or regulation by you. Amara reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Amara in connection therewith.

Notices

Amara may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, text message or postings on the relevant Amara Service.

Entire Agreement

This Agreement, together with the Privacy Policy, Community Guidelines and any other specific

guidelines or rules that are separately posted for particular services or offers on any Amara Service, contains the entire agreement between you and Amara regarding the use of Amara Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

No Waiver

The failure of Amara to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

No Assignment

You agree that your Membership is personal and non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Amara in any manner.

Amendments

This Agreement is subject to change by Amara at any time. Any revised terms will be effective upon posting on the Website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement.  Any significant changes to this Agreement will be sent to Amara Members via email or otherwise communicated.


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