Amava terms of service protects member information

Amava Terms of Service and Agreement
April 2018

This Agreement is an electronic contract that establishes the legally binding terms you must accept in order to use or interact with Amava and other users of Amava’s website, application and services, and Amava employees, officers and directors. By accessing or interacting with Amava you agree to be bound by these Terms of Service, as well as the Privacy Policy which is 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 all Amava websites, applications and services (together, “Amava Services”), 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 Amava Services. Please contact us at legal@amava.com with any questions regarding this Agreement.

TERMS OF SERVICE

Certain definitions

Amava” is our working name, but our company is known as Grayful, L.L.C. (Grayful). All references to “Amava” include Amava, Amava.com, the Amava Project, Grayful and any entity controlling or controlled by Amava or Grayful. All references to “we”, “us” and “our”, means Amava.

Amava Services” refers to all websites, applications and services owned or controlled by Amava.

"Member" is a person who has signed up with Amava and paid a Membership and/or Premium Services fee.

Amava User” is any Member or other person that accesses an Amava Service, including anyone that creates an Amava Project profile or signs up for the Amava Post.

Eligibility

Certain Content available through Amava Services may be inappropriate for people under 18 years of age. By using Amava Services, you represent that you are over 18.

Account Security

You agree to keep your password confidential. You agree that your account at Amava is personal to you and may not be shared with or used by anyone else. You agree not to use another person’s account to access Amava Services.

Membership Cancellation

You may cancel your use of the Amava Services, or your Membership at any time, for any reason. We may suspend or cancel your use of Amava Services, or your Membership if we have a good faith belief that you have breached this Agreement.

Upon cancellation of your Membership, we will refund a portion of your Membership fees equal the amount determined by multiplying (i) the amount of membership fees paid for that year by (ii) a fraction, the numerator of which is the number of full months left in your annual membership, and the denominator of which is the number twelve (12), the number of months in a 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

Amava Services are for personal use only. Except with our prior written consent, you may not use Amava Services in connection with any commercial endeavors, such as (i) advertising or soliciting any Amava User to buy or sell any products or services not offered by Amava or (ii) inviting others to attend functions for solicitation or other commercial purposes. You may not use any information obtained from your interaction with Amava, any Amava Service, or any other Amava User to contact, advertise to, solicit or sell to any Amava User.

Organizations, companies and/or businesses may not use Amava Services for any purpose except as explicitly authorized in writing by Amava.

Privacy

We believe you own your personal information and only you should decide if you want to share it with others. To learn about our commitment to your privacy, please read our Privacy Policy.

Interactions with Other Amava Users

You are responsible for your interactions with other Amava Users. You understand that we currently do not conduct background checks or screenings on Amava Users.

While we expect Amava Users to treat each other with respect and in accordance with these Terms of Service (including Amava User Guidelines below), we do not take responsibility for their behavior or actions.

Amava User Guidelines

We are endeavoring to create a vibrant place to share knowledge, interests, skills and ideas through online postings, ongoing discussions and offline interactions. Please help us develop a thoroughly positive and supportive community culture by engaging in discussions that make Amava an interesting and enjoyable place to connect. Please treat other Amava Users with respect.

Liability

In no event shall we, our affiliates or our 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 Amava Services including, without limitation, death, bodily injury, emotional distress and/or any other damages resulting from communications or meetings with any persons you meet through Amava Services. You agree to take all necessary precautions in interactions with other Amava Users, particularly if you decide to communicate offline or meet in person, or if you decide to send money or provide your personal information to such person. In addition, you agree to review the Amava User Guidelines prior to using Amava Services and always abide by them and endeavor to act in the spirit of collegiality and community they are designed to promote.

Proprietary Rights

We own and retain all proprietary rights in Amava and all Amava Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Amava Services may contain the copyrighted material, trademarks, and other proprietary information of Amava and its licensors. You agree to not copy, modify, transmit, or 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 Amava or Amava Services, without first obtaining our prior written consent. 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 Amava 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 Amava Users, 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 Amava Service or transmit to Amava or any Amava User (either online of 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 we may, but are not obligated to, monitor or review any Content you post. You agree that we may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or, in our sole judgment, is inconsistent with the our mission, goals or the Amava User Guidelines.

By posting Content, you automatically grant to us, 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 Amava will not infringe or violate the rights of any third party. However, Amava 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 Amava Users;
  • 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 Amava Users or disseminates another person’s personal information without his or her permission; or
  • publicizes or promotes commercial activities and/or sales without Amava’s prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Amava 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 or ability to use the Amava Services.

Use of Amava Services

You agree that you will:
  • Provide accurate information to Amava and keep it updated;
  • Provide your full name and current email address when registering as a Member;
  • Include only truthful and accurate information in your Amava Project Profile;
  • Use Amava 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 Amava User;
  • post any Content that is prohibited;
  • violate intellectual property rights of others or of Amava 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 Amava;
  • imply or state that you are affiliated with or endorsed by Amava 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 Amava Services or their contents;
  • collect usernames and/or email addresses of Amava Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Amava services;
  • interfere with or disrupt Amava Services or the servers or networks connected to Amava Services;
  • use your Amava account and/or the Amava Services and any information you learn about Amava (or other Amava Users) for any purpose other than in connection with using the Amava 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 Amava Service, without Amava's prior written authorization;
  • use meta tags or code or other devices containing any reference to Amava or Amava Services (or any trademark, trade name, service mark, logo or slogan of Amava) 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 Amava Services or any software used on or for Amava 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 Amava Services other than solely in connection with your use of Amava Services in accordance with this Agreement.
Amava reserves the right to investigate and/or terminate your Membership or use of the Amava Services if you have violated this Agreement or behaved in a way Amava regards as inappropriate or unlawful, including actions or communications that occur offline but involve Amava Users you meet through the Amava Services.

Purchases

We will never charge you without your express consent. You agree to pay Amava for all charges to which you consent, including any dues, fees or purchase prices for services and products purchased from or through Amava (“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 Amava to process your payment to and through such provider (“Payment Information”).

You authorize Amava to charge your chosen payment provider for such Purchases. Changes to your Payment Information can be made by contacting customer service.

Automatic Renewals

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

Mobile Access

We endeavor to provide access to Amava Services through most common computers and mobile devices. We do not guarantee that Amava Services will work on all of your devices. Please check our FAQs for a current list of compatible devices and software, or contact support@amava.com with any additional questions about device compatibility.

Modifications to Service

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Amava Services in whole or in part, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Amava Service. To protect the integrity of Amava or the security and privacy of Amava Users, we reserve the right at any time in our sole discretion to block access to any or all Amava Services from certain IP addresses.

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 Amava Service in a way that constitutes copyright infringement, please contact us at legal@amava.com. We 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 Amava Services. You use Amava Services at your own risk and discretion and we provide no warranties for any Amava Service for any purpose. In addition, we will not be liable to you for any damages that arise from your use of Amava Services.  This includes damages if Amava 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 Amava 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 Amava Service, whether caused by Amava Users or any of the equipment or programming associated with or utilized by Amava; (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 Amava User; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any Amava User 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 your 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 Amava or any Amava Service.

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

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH US OR ANY AMAVA 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 US OR ANY AMAVA SERVICE.

From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available on an Amava 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. WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON ANY AMAVA 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 AMAVA SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR OUR 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 AMAVA USER.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on or provided through any Amava Service is for informational and/or entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Amava 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 Amava 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

Amava Services may contain, or Amava Users may from time to time provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are 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 Amava 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 we 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 WE OR OUR 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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 US 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 AMAVA 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. We 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 we may seek any interim or preliminary relief from a court of competent jurisdiction in California, necessary to protect our rights or property pending the completion of arbitration.

Indemnity by You

You agree to indemnify and hold Amava, 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 Amava Service or as a result of the Amava Services, and the violation of any law or regulation by you. Amava 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 Amava in connection therewith.

Notices

Amava 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 Amava Service.

Entire Agreement

This Agreement, together with the Privacy Policy and any other specific guidelines or rules that are separately posted for particular services or offers on any Amava Service, contains the entire agreement between you and Amava regarding the use of Amava 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 us 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 and use of Amava Services 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 Amava in any manner.

Amendments

This Agreement is subject to change by us at any time. Any revised terms will be effective upon posting on www.amava.com and your use of Amava Services after such posting will constitute acceptance by you of the revised Agreement. Any significant changes to this Agreement will be sent to Amava Users via email or otherwise communicated.

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