AMONBYTE (IZANDU MEDIA NETWORKS) TERMS ANDCONDITIONS OF USE
Effective as of May 5, 2020
By visiting, accessing, or using AMONBYTE.COM,you signify that you have the right, authority and capacity to enter into thisAgreement, that you have read and understand this Agreement, and that YOU AGREETO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDINGAUTO-RENEWALS OF YOUR SUBSCRIPTION AND PROVISIONS GOVERNING DISPUTE RESOLUTION.PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THESERVICES.
This document (the “Terms”) together with the PrivacyPolicy (collectively the “Agreement”) sets out the terms and conditionsgoverning visits, access and use of the music service AMONBYTE.COM by the enduser (“you”). The term “you” includes additional registered users wheneverpermitted under the applicable subscription, visitors, and others who access oruse any of the Services.
The “Services” means the music service branded AMONBYTE,mobile and device applications and all services provided by AMONBYTE.COM or AMONBYTE.COM’svendors, or other third parties with whom AMONBYTE.COM (as defined herein)contracts to provide the Services that are inherently related to the music serviceAMONBYTE.COM or that are compatible for similarly situated digital musicservices. These may include, but are not limited to websites and applicationsfor desktops, tablets and mobile handsets, set-top boxes and stereo equipment.The Services also include your ability to edit certain Service Content (as thatterm is defined in Section 8, below) that is specifically cleared for such use(the “Editable Content”) and User Content (as that term is defined in Section9, below), and save such edited Editable Content and User Content to your ownplaylist without the ability to share or otherwise reproduce, distribute,publicly perform, or publicly display such edited Editable Content and UserContent (the “Edit Functionality”). Each instance of edited Editable Content oredited User Content shall be deemed a “Remix” hereunder.
The Services are provided by Izandu MediaNetworks and Izandu Group and their affiliated entities, and each oftheir present, former and future parents, predecessors, successors, assignees,subsidiaries, owners, officers and directors (whether acting in such capacityor individually), agents and attorneys (collectively, “AMONBYTE.COM,” “we” “us”and/or “our”). You may contact us by email : email@example.com
2. PREREQUISITES FOR ACCESS TO THE SERVICE
You need access to the internet in order to usethe Services, and any cost for accessing the internet shall be paid by you.This also applies when using the Service via mobile phone, tablet, or anotherpersonal device capable of internet connection. If you use the Services viamobile telephone you should familiarize yourself with applicable data transfercosts for your mobile carrier plan. AMONBYTE.COM does not have anyresponsibility or liability for data transfer costs you may incur when usingthe Services. We cannot guarantee that the Services will work with all devices.
It is your responsibility to ensure that youare able to comply with the relevant system requirements described above. AMONBYTE.COMaccepts no responsibility for any lack of functionality that is due to yourequipment (including your device, internet connection, operating system orsettings and software). Access to parts or all of the Services may berestricted from time to time to allow for repairs, maintenance or updating.
You may not use the Services in any way that isfraudulent or illegal or is expressly prohibited by these Terms. By using theServices, you promise to us that you accept these Terms and that (a) you are 18years of age or over; or (b) you are between the age of 13 and 17, and haveexpress permission from your parent or guardian to use the Services. If you areunder age 13, you are not permitted to use the Services or to submit anypersonally identifiable information to AMONBYTE.COM. If AMONBYTE.COM reasonablybelieves that you have not told us your true age, we may suspend your use ofthe Services until you have provided us with acceptable proof of age. If youare a parent or guardian and believe AMONBYTE.COM may have inadvertentlycollected personal information from your child, please notify AMONBYTE.COMimmediately by sending an email to AMONBYTE.COM – Customer Support at support@AMONBYTE.COM.comdetailing the basis of your belief and your request.
The Service requires you to register and createan account for validation. You agree to (a) provide accurate, current andcomplete information as prompted by any registration forms on the Services; (b)maintain and promptly update such information and any other informationprovided to AMONBYTE.COM, to keep it accurate, current and complete; (c)maintain the security of your password and identification; and (d) be fullyresponsible for all use of your account and for any actions that take placeusing your account.
AMONBYTE.COM reserves the right to suspend orremove your account or prohibit your use of the Services, withoutresponsibility or liability to you, if activities occur on your account that webelieve breach the Agreement.
3. PURCHASE, PRICE INFORMATION, PAYMENT TERMSAND REFUND POLICY
(a) Subscription. Certain aspects of theServices provided by AMONBYTE.COM, third parties, or both may require you topurchase a subscription for a period of time as specified during sign-up(collectively a“GO PRO”).
(b) Bundles. AMONBYTE.COM may contract with a third-partytelecommunication provider to provide the Services to you through a bundlepackage together with other services provided by such third-party provider. Thepayment terms for such bundle package, as well as other terms and conditionsgoverning your use of the bundle package, may differ from the terms set out inthis Agreement. You are solely responsible for reviewing such bundle terms orany other terms governing your use of the services provided by yourtelecommunication provider before agreeing to any bundle package and accessingthe Service via such bundle package. If you have purchased a bundle package,payment will be taken from you by your telecommunication provider. Should youwish to cancel or terminate your subscription via such bundle package or obtainany further information in respect of payment methods, billing cycles,automatic renewals or refunds you must contact your provider. Other than thissub-section (b), Section 3 of this Agreement does not apply to you if you havepurchased the Services as part of a bundle package from your telecommunicationprovider or any other third party.
(c) Shopping in the Store. It is not necessaryto buy a Subscription to make a purchase at the AMONBYTE.COM Store. To make astore purchase, you will be prompted to sign in to your account. If you do nothave an account, create a free account and choose a username and password. Uponcompletion of the Store purchase, the purchased music or album will appear inyour account for download. You can download AMONBYTE.COM Store purchases on onedevice only. Once downloaded, your in-store purchase will no longer beavailable in your account. All shopping in the Store is final. You are responsiblefor backing up each purchase in the AMONBYTE.COM Store
(f) Billing Cycle. As indicated during sign-up,the fee for certain Subscriptions must be paid in a single upfront paymentwhile other Subscriptions may allow payment on an installment basis. If theSubscription fee is paid in a single upfront payment, the total Subscriptionfee is due and payable to AMONBYTE.COM immediately upon sale and your PaymentMethod will be automatically billed at that time. If the Subscription fee ispaid on an installment basis, your Payment Method will automatically be billedat the beginning of each installment period as specified during sign-up.
(g) Automatic Renewal. In order to providecontinuous service, you agree that AMONBYTE.COM will automatically renew aSubscription on or about the date the Subscription expires. Such renewal willbe for the same duration of the original subscription term and will be billedat the non-discounted rate for the Subscription as of the date of yourenrollment and according to your original billing cycle method (i.e. either asa single upfront payment or an installment basis). By enrolling in aSubscription, you agree that your Subscription will be subject to theabove-described automatic renewals unless you cancel your Subscription inaccordance with the terms of this Agreement. You also agree that the amountbilled may be different if your original Subscription was purchased using apromotional/trial offer and you authorize AMONBYTE.COM to charge your PaymentMethod for such varying amounts as indicated at the time of sign-up. You agreethat you are responsible for other charges, including any foreign transactioncharges, that may be imposed by credit card providers, payment processors orother third parties in connection with your use of the Subscription. YourSubscription will remain in effect and continue to renew automatically until itis cancelled.
IF YOUR ACCOUNT IS MANAGED THROUGH AMONBYTE.COM(AND NOT THROUGH A THIRD PARTY) AND YOU WISH TO CANCEL YOUR AUTOMATICSUBSCRIPTION RENEWAL, you may do so by visiting your account settings page(https://AMONBYTE.COM.com/account), going to the section called “Subscription” and clicking on “Cancel my subscription”. AMONBYTE.COM will makereasonable efforts to process cancellation requests within two business daysfrom the receipt of the cancellation request. All other cancellations arerequired to be made directly through the third party that manages your AMONBYTE.COMSubscription.
(h) Refund Policy. We will not refund any feespaid to us, including any advance charge(s) or payment(s) for any subscriptionterm for the Services, unless otherwise required by law or the terms of thisAgreement.
4. SPECIAL OFFERS
If you have received or purchased access to theServices as part of a special offer, campaign or a partner deal (a “SpecialOffer”), then the terms presented as part of such Special Offer are a part ofthis Agreement. Special Offers will, unless otherwise specified, only be validfor customers in the country (and state(s)) where it is issued.
5. RESTRICTIONS APPLICABLE TO THE USE OF THESERVICE
The Services shall be for private use only anduse of the Services in commercial or public settings is not permitted.
The Services shall not be used in any mannerthat may breach the restrictions applicable to the utilization of the ServiceContent (as defined in Section 8, below). These include, but are not limitedto, prohibitions against (i) any form of technical intervention in the Servicesfor purposes of using the Services in any manner other than that intended andpermitted under the Agreement; (ii) copying and/or making public any ServiceContent; (iii) assigning any username or password to anyone else; (iv)circumventing any technical mechanisms within the Services that have beenestablished to protect Service Content from reproduction/distribution; (v)using the Services in violation of applicable law; and (vi) failing to respectapplicable geographic/territorial restrictions.
The Services may include components that makeuse of temporary storage of certain Service Content on the various platforms(also called “offline mode”). You have access to this Service Content for aslong as you have a valid Subscription. You are not permitted to gain access tosuch Service Content via other mechanisms than those available via theServices. Such Service Content shall not be copied and/or made availableoutside the Services.
6. APPLICATION LICENSE
By “Application” we mean an application orother technical interface provided by AMONBYTE.COM that is used to access theServices. Subject to the terms of this Agreement, AMONBYTE.COM hereby grantsyou a personal, non-exclusive, non-transferable, limited and revocable licenseto download, run and use the Application for personal use on relevant devicesowned or controlled by you. Such license also applies to updates and upgradesthat replace or supplement the Services in any respect and which are notdistributed with a separate license and related documentation. The Applicationis licensed, not sold, to you, and AMONBYTE.COM retains ownership of all copiesof the Application even after installation on your devices. AMONBYTE.COM maytransfer its rights and obligations, or sub-contract or sub-license itsobligations, under this Agreement to another legal entity, provided your legaland consumer rights are not prejudiced. You may not may transfer your rightsand obligations, or sub-contract or sub-license your obligations, under thisAgreement to another legal entity.
7. THIRD PARTY APPLICATIONS
8. CONTENT RESTRICTIONS
The Services contains content, such as soundrecordings, audiovisual works, other video or audio works, clips, images,graphics, text, software, works of authorship, files, documents, applications,artwork, trademarks, trade names, metadata, album titles, sound recordingtitles, artist names, intellectual property, or materials relating thereto orany other materials, and their selection, coordination and arrangement(collectively, the “Service Content”). The Service Content is the property of AMONBYTE.COMand/or third parties and is protected by copyright under both United States andforeign laws. The Service Content is made available to you only for yourpersonal use as expressly permitted under these Terms.
You are prohibited from using the ServiceContent as follows:
Except as permitted under the Terms, allcopying, distribution or other use of the Service Content is prohibited withoutthe prior written consent of the Service Content rights holders.
You have no right to engage in the commercialuse, sale, resale, assignment, license, modification, making of copies orderivative versions, display, distribution or promotion of the Service Contentprovided that to the extent expressly permitted by AMONBYTE.COM, you may makederivative versions of the Editable Content for use solely in connection withthe Edit Functionality.
You have no right to any use that requires apublic performance license.
The use or posting of the Service Content onany other website, application or otherwise, or sharing of the Service Contentin a networked computer environment, for any purpose is expressly prohibited.
You shall only use the Service Content onplatforms which are at your disposal for your personal use as provided hereinand pursuant to your Subscription terms, and which support the Services’technical protection system. You shall not circumvent or try to circumvent theServices’ technical protection system.
The Service Content is, with few exceptionssuch as content labeled “created by AMONBYTE.COM,” automatically uploaded tothe platform by third parties such as record labels or their distributors. AMONBYTE.COMdoes not review the Service Content supplied by third parties. The fact thatService Content supplied by third parties is available on the platformtherefore does not imply any endorsement or approval by AMONBYTE.COM. Youunderstand that AMONBYTE.COM is not responsible for features or the specificcontent of any Service Content supplied by third parties.
Unauthorized use of the Services may alsoconstitute a violation of applicable laws or regulations. If AMONBYTE.COM, inits sole discretion, thinks you have breached the Terms, or has reasonablegrounds to believe that you are likely to breach these Terms, we may take anyaction we think is necessary to protect the Services and the Service Content.We may: (a) restrict, suspend, or terminate your right to use the Services; (b)remove your User Content (as defined below) from the Services; (c) investigateand take legal proceedings against you; or (d) disclose any information to lawenforcement authorities we think is necessary or as required by law. Theseactions are not limited and we may take any other action we reasonably deemappropriate.
We are the owner of the AMONBYTE.COM trademark(the “Trademark”). Nothing in this Agreement or on the Services should beconstrued as granting, by implication, estoppel, or otherwise, any license orright to use the Trademark, without AMONBYTE.COM’s prior written permissionspecific for each such use. Use of the Trademark as part of a link to or fromany site is prohibited unless establishment of such a link is approved inadvance by AMONBYTE.COM in writing. All goodwill generated from the use of theTrademark inures to AMONBYTE.COM’s benefit.
Elements of the Services including ServiceContent are protected by copyright, trade dress, trademark, unfair competition,or other state, federal and foreign laws, and the Services may not be copied orimitated in whole or in part, by any means, including but not limited to theuse of framing or mirrors. None of the Service Content may be retransmittedwithout AMONBYTE.COM’s and/or the appropriate third party’s express writtenconsent in each and every instance.
9. USER CONTENT
To the extent allowed by the Services, anymusical works (sound recordings and underlying musical compositions),audiovisual works (including but not limited to MTV style premium music videos,clips and so called “behind the scenes” audiovisual content), other video oraudio works, images, graphics, text, works of authorship, files, documents,applications, artwork, trademarks, trade names, metadata, album titles, soundrecording titles, artist names, intellectual property, or materials relatingthereto or any other materials that you submit to the Service (“User Content”)are generated, owned and controlled solely by you and/or your licensees. We donot claim any intellectual property ownership rights in any User Content. Afterdirectly sending (“submitting”) your UserContent to the Services, you continue to retain any intellectual propertyownership rights that you may have in your User Content, subject to the licensebelow. By submitting any User Content on or through the Services, you herebygrant to AMONBYTE.COM a license (with the unrestricted right to sublicense) tostore, host, display, stream, transmit conditional downloads, exploit, promote,market, sell and transmit permanent downloads, use, modify, delete from, addto, publicly perform, publicly display, reproduce, create and use derivativeworks of, distribute and otherwise disseminate the User Content on or throughthe Services via any and all devices known or hereinafter devised. For theavoidance of doubt, to the extent you use the Edit Functionality to create aRemix, you acknowledge and agree that you own no right, title or interesttherein and that any such Remix shall not be considered your User Contenthereunder.
(a) The license you grant to AMONBYTE.COM isnon-exclusive (meaning you are free to license User Content to anyone else),fully-paid and royalty-free (meaning that we are not required to pay you forthe use on the Services of the User Content that you post), sublicensable (sothat we are able to use our affiliates, subcontractors and other vendors suchas internet content delivery networks and wireless carriers to provide theservices related to the Services), perpetual (forever) and worldwide.
(b) You represent and promise to us that theUser Content submitted by you on or through the Services:
(i) is owned by you or you otherwise have theright to grant the license set forth herein;
(ii) does not infringe the rights of any thirdparty, including any intellectual property rights, rights of confidentialinformation or rights in privacy;
(iii) does not imply any affiliation,endorsement, approval or cooperation by AMONBYTE.COM or any artist, band,label, entity or individual without express written consent from such individualor entity; and
(iv) shall comply with all applicable laws andthese Terms. You agree to pay for all royalties, fees, and any other moniesowing any person or entity by reason of any User Content submitted by you on orthrough the Services.
(c) The Services perform technical functionsnecessary to offer the services on the Services, including but not limited totranscoding and/or reformatting User Content to allow its use throughout theServices.
(d) We may reject, refuse to post or delete anyUser Content for any or no reason, including User Content that in our solejudgment breaches this Agreement or which may be offensive, illegal or breachthe rights of any third party, or harm or threaten the safety of any thirdparty. We are under no obligation to you or any other person to oversee,monitor or moderate User Content. We may at our option, moderate and reviewUser Content to ensure that it complies with these Terms. If we do opt tomonitor the Services, we assume no responsibility or liability to you for anyUser Content available on the Services.
(e) The licenses granted in this section aregranted separately with respect to each item of the User Content that yousubmit to the Services.
(f) You are solely responsible for the UserContent that you submit to the Services. You must not upload, store,distribute, send, transmit, display, perform, make available or otherwisecommunicate to the public any content to which you do not hold the necessaryrights. In particular, any unauthorized use of copyright protected materialwithin the User Content (including by way of reproduction, distribution,modification, adaptation, public display, public performance, preparation ofderivative works, making available or otherwise communicating to the public viathe Services) may constitute an infringement of third party rights and isstrictly prohibited. Any such infringements and may also result in civillitigation or criminal prosecution by or on behalf of the relevant rightsholder.
10. PROHIBITED CONTENT / ACTIVITY
You must not upload or share any User Contentwhich, in AMONBYTE.COM’s reasonable opinion:
l Is patently offensive and promotesracism, bigotry, hatred or physical harm of any kind against any group orindividual;
l Harasses or advocates harassment ofanother person;
l Exploits people in a sexual orviolent manner;
l Contains nudity, excessive violence,or offensive subject matter or contains a link to an adult website;
l Solicits personal information;
l Constitutes information that posesor creates a privacy or security risk to any person;
l Constitutes or promotes informationthat you know is false or misleading or promotes illegal activities or conductthat is abusive, threatening, obscene, defamatory or libelous;
l Constitutes or promotes an illegalor unauthorized copy of another person's copyrighted work, such as providingpirated computer programs or links to them, providing information to circumventmanufacturer-installed copy-protect devices, or providing pirated music orlinks to pirated music files;
l Involves the transmission of"junk mail," "chain letters," or unsolicited mass mailing,instant messaging, "spimming," or "spamming";
l Contains restricted or password-onlyaccess pages or hidden pages or images (those not linked to or from anotheraccessible page);
l Furthers or promotes any criminalactivity or enterprise or provides instructional information about illegalactivities including, but not limited to making or buying illegal weapons,violating someone's privacy, or providing or creating computer viruses;
l Solicits passwords or personalidentifying information for commercial or unlawful purposes from other users;
l Involves any form of user tracking,commercial activities and/or sales without prior written consent from AMONBYTE.COMsuch as contests, sweepstakes, barter, advertising, or pyramid schemes; or
l Breaches the privacy rights,publicity rights, copyrights, trademark rights, contract rights or any otherrights of any person.
You further agree not to undertake any of thefollowing activities on the Services:
l Criminal or tortious activity,including child pornography, fraud, trafficking in obscene material, drugdealing, gambling, harassment, stalking, spamming, spimming, sending of virusesor other harmful files, copyright infringement, patent infringement, or theftof trade secrets;
l Advertising to, or solicitation of,any user, without the written consent of AMONBYTE.COM to buy or sell anyproducts or services through the unauthorized or impermissible use of theServices;
l Circumventing or modifying,attempting to circumvent or modify, or encouraging or assisting any otherperson in circumventing or modifying any security technology or software thatis part of the Services;
l Activity that involves the use ofviruses, bots, worms, or any other computer code, files or programs thatinterrupt, destroy or limit the functionality of any computer software orhardware, or otherwise permit the unauthorized use of or access to a computeror a computer network;
l Covering or obscuring the banneradvertisements on any page on the Services via HTML/CSS or any other means;
l Any automated use of the system,such as, but not limited to, using scripts to submit information or sendcomments or messages;
l Interfering with, disrupting, orcreating an undue burden on the Services or the networks or services connectedto the Services;
l Impersonating or attempting toimpersonate another user, person or entity;
l Using the account, username, orpassword of another user at any time or disclosing your password to any thirdparty or permitting any third party to access your account;
l Selling or otherwise transferringyour account;
l Using any information obtained fromthe Services in order to harass, abuse, or harm another person or entity, orattempting to do the same;
l Accepting payment or anything ofvalue from a third person in exchange for your performing any commercialactivity through the unauthorized or impermissible use of the Services onbehalf of that person; or
l Using the Services in a mannerinconsistent with any and all applicable laws and regulations.
l You agree that any breach of theprovisions of this Section 10 will be considered a serious breach of theAgreement.
We have provided our contact information andemail links on the Services because we would like to hear from you. However, wedo not want you to, and you should not, send AMONBYTE.COM any documents orother materials that contain confidential or proprietary information. You grantAMONBYTE.COM an unrestricted, irrevocable, royalty-free license to copy,distribute, and modify any such documents or other materials that you send AMONBYTE.COM,and to use for any purpose any ideas, trade secrets, know-how or otherconfidential or proprietary information disclosed in those documents or othermaterials, and that all of the representations and promises you make pursuantto this Agreement with respect to User Content apply equally with respect toany other documents or materials that you send to AMONBYTE.COM that do notconstitute User Content.
12. NOTICE AND PROCEDURES FOR MAKING CLAIMS OFCOPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We, at our sole discretion, may disable and/orterminate use of the Services by users who infringe the intellectual propertyrights of others. We also have a policy of responding to notices of allegedinfringement that complies with the Digital Millennium Copyright Act (“DMCA”)which may include removing material, including Service Content and/or UserContent, claimed to be the subject of infringing activity. If we removematerial to comply with the DMCA (“Removed Content”), we will attempt tocontact the provider of such Removed Content to enable them to make a counternotification pursuant to the DMCA. We will terminate the accounts of any usersand/or block access to the Services by any users who repeatedly infringe thecopyrights of others.
If you believe that your work has been copiedin a way that constitutes copyright infringement, or that your intellectualproperty or privacy rights have been otherwise breached, please provide AMONBYTE.COMwith a notice containing the following information:
An electronic or physical signature of theperson authorized to act on behalf of the owner of the copyright or otherintellectual property interest;
A detailed description of the copyrighted workor other intellectual property that you claim has been infringed;
A detailed description of where the materialthat you claim is infringing is located on the website (providing URL(s) in thebody of an email is the best way to help AMONBYTE.COM locate content quickly);
Your name, address, telephone number, and emailaddress;
A statement by you that you have a good faithbelief that the disputed use is not authorized by the copyright owner, itsagent, or the law;
A statement by you, made under penalty ofperjury, that the above information in your notice is accurate and that you arethe copyright or other intellectual property right owner or authorized to acton the copyright or intellectual property right owner’s behalf; and
Send your notice to AMONBYTE.COM CopyrightDepartment, 540 W 26th Street, 8th Floor, New York, NY 10001 or by email tosupport@AMONBYTE.COM.com. Please note that you may be liable for damages(including costs and attorneys’ fees) if you materially misrepresent that anymaterial is infringing your copyrights or other intellectual property orprivacy rights.
The provider of Removed Content may make acounter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. Whenwe receive a counter notification, we may reinstate the Removed Content. Tosubmit a counter notification, you must provide AMONBYTE.COM with a writtennotice that includes each of the following items:
a detailed identification of the material the AMONBYTE.COMhas removed;
your name, address, telephone number, e-mailaddress, and a statement that you consent to the jurisdiction of FederalDistrict Court for the judicial district in which your address is located (orNew York, New York if your address is outside of the United States), and thatyou will accept service of process from the person who provided notificationunder subsection (c)(1)(C) or an agent of such person;
the statement: "I swear, under penalty ofperjury, that I have a good faith belief that each search result or messageidentified above was removed or disabled as a result of a mistake ormisidentification of the material to be removed or disabled."; and
The counter notification can be sent byemail to support@AMONBYTE.COM.com. Please note that you may be liable fordamages (including costs and attorneys’ fees) if you materially misrepresentthat a product or activity is not infringing the copyrights of others.
If you are the owner of any intellectualproperty other than copyrighted materials (such as, for example, a trademark),or an agent thereof, and believe that any item of content or other materials onthe Services infringes upon your rights in such intellectually property, youmust submit a notification to us in the same manner as provided above inrespect of notice of alleged copyright infringement, including providing thesame information in writing to the designated address set forth above.
DISCLAIMER: WE ARE NOT YOUR LEGAL ADVISORS, ANDTHE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THISINFORMATION FOR INFORMATIONAL PURPOSES ONLY, AND AS REQUIRED BY LAW.
Any questions, complaints or claims regardingthe Services can be directed to: support@AMONBYTE.COM.com
14. THE RIGHTS OF AMONBYTE.COM
If you fail to make payment or materiallybreach any provision of the Agreement, and such breach is not caused bycircumstances on the part of AMONBYTE.COM, AMONBYTE.COM may, taking theinterest of the user in account, deny further access to the Services.
15. NO WARRANTY/ LIMITATION OF LIABILITY
The Services and the Service Content areprovided on an “as is” and “as available” basis without any warranties of anykind. To the fullest extent permitted by applicable law, AMONBYTE.COM disclaimsall warranties, including, but not limited to, the warranty of title,merchantability, non-infringement of third parties’ rights, and fitness forparticular purpose. AMONBYTE.COM reserves the right to change functionality andcontent offered under the Services on an ongoing basis.
To the fullest extent permitted by applicablelaw, AMONBYTE.COM makes no warranties or representations about the Services orService Content, including but not limited to their accuracy, reliability,completeness, efficacy, or timeliness. AMONBYTE.COM shall not be subject toliability for truth, accuracy, or completeness of any information conveyed tothe user or for errors, mistakes or omissions therein or for any delays orinterruptions of the data or information stream from whatever cause. You agreethat your use the Services and the Service Content is at your own risk. It isyour responsibility to evaluate the accuracy, completeness or usefulness of anyopinion, advice or other Service Content available through the Services.
In no event shall AMONBYTE.COM be liable forany damages whatsoever (including, without limitation, incidental andconsequential damages, lost profits, or damages resulting from lost data orbusiness interruption) resulting from the access, use or inability to use theServices and the Service Content, whether based on warranty, contract, tort (includingnegligence), or any other legal theory, even if we have been advised of thepossibility of such damages. Some states do not allow exclusion of impliedwarranties or limitation of liability for incidental or consequential damages,so the above limitations or exclusions may not apply to you. In such states,our liability shall be limited to the greatest extent permitted by law. To thefullest extent permitted by law, the liability of AMONBYTE.COM arising from anyerror or other circumstance that may give rise to liability in relation to theServices shall – except for instances of any physical harm, gross negligenceand willful misconduct - be limited to the amount paid by you for access to theServices in the relevant month.
Technical problems such as temporarynon-availability of individual parts of the Services or the short-termunavailability of the whole service itself must be expected and shall notconstitute breach of this Agreement. AMONBYTE.COM does not warrant that theServices will operate error-free or that the Services, its server, or theService Content are free of computer viruses or similar contamination ordestructive features. Updates to the Service may take place on a regular basis.AMONBYTE.COM reserves the right to add or remove support for specific devices.If your access or use of the Services or the Service Content results in theneed for servicing or replacing equipment or data, AMONBYTE.COM shall not beresponsible for those costs.
Some aspects of this Section may not apply insome jurisdictions if prohibited by applicable law.
To the fullest extent permitted by applicablelaw, you agree to defend, indemnify, and hold AMONBYTE.COM harmless from andagainst any claims, actions or demands, including, without limitation,reasonable legal and accounting fees, arising from, relating to or resultingfrom (a) your breach or alleged breach of the Agreement; (b) your access to,use or misuse of the Service Content or the Services; (c) any breach of yourrepresentations and promises set forth herein, or (d) your violation of any lawor the rights of a third party. We shall provide notice to you of any suchclaim, suit, or proceeding and shall assist you, at your expense, in defendingany such claim, suit or proceeding. We reserve the right to assume theexclusive defense and control of any matter that is subject to indemnificationunder this Section. In such case, you agree to cooperate with any reasonablerequests assisting our defense of such matter.
We may terminate this Agreement and close youraccount, or suspend your access to the Services, at any time without notice andwithout responsibility or liability to you, in the event of your actual orsuspected unauthorized use or misuse of the Services and/or Service Content, orbreach of the Agreement. In that event, we will refund to you a pro-rata sharesof your Subscription charge to account for the period you will not be able to accessthe Services.
We may terminate this Agreement and close youraccount at any time on reasonable notice to you if we cease to provide theServices.
18. GOVERNING LAW; ARBITRATION OF DISPUTES
Any dispute or claim arising out of or relatingin any way to one or more of the following:
(1) the Agreement;
(2) the Services or Service Content, includingUser Content;
(3) your Subscription; or
(4) any products or services sold ordistributed by AMONBYTE.COM or through AMONBYTE.COM (collectively “Claims”),will be resolved by binding arbitration, rather than in court, except that youand AMONBYTE.COM may assert Claims on an individual basis in small claims courtif they qualify. You and AMONBYTE.COM also agree that you or we may bring suitin court to enjoin infringement or other misuse of intellectual property rightsunrelated to your use of the Services or Subscription.
There is no agency, partnership, joint venture,employee-employer or franchisor-franchisee relationship between you and AMONBYTE.COMor between AMONBYTE.COM and any other user of the Services. If any provision ofthis Agreement is found to be invalid by any court having competentjurisdiction, the invalidity of such provision shall not affect the validity ofany other provision of the Agreement, which shall remain in full force andeffect unless such deletion materially frustrates the intent of the parties, inwhich case this Agreement will terminate. Our failure to act on or enforce anyprovision of this Agreement shall not be construed as a waiver of thatprovision or any other provision in this Agreement. No waiver shall beeffective against AMONBYTE.COM unless made in writing, and no such waiver shallbe construed as a waiver in any other or subsequent instance. This Agreement isnot intended to, and does not, give any person who is not a party to it anyright to enforce any of its provisions.
The section headings are provided merely forconvenience and shall not be given any legal import. This Agreement will inureto the benefit of our successors, assigns, licensees, and sublicensees.