Ampl | Terms & Conditions

Ampl Terms of Use

Last Updated: November 20, 2018

 

 

 

Please scroll down and read the Terms of Use below.

 

 

These Terms of Use (“Terms” or “Agreement”) apply to your use of Ampl’s websites, products and services. Please read these Terms carefully; by using Ampl, you agree to be bound by them.

 

 

Acceptance of these Terms and Conditions.

 

 

Welcome to Ampl! UniqChat LLC, an Arizona limited liability company (“Ampl,” “us” or “we”) provides the website www.ampl.co (“Website”), Ampl mobile applications for iOS and other platforms (collectively, the “Application”), and various related services (collectively, the Website, Application, and related services, including any updates and new versions, the “Services”) to you, a person downloading our Application, or otherwise accessing or using our Services (“User” or “you”), subject to your compliance with these Terms of Use. Your use of the Services is also governed by our Privacy Policy, Ampl.co/Privacy which is hereby incorporated and made part of this Agreement.

 

 

By using our Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, please do not use the Services.

 

 

As used in this Agreement, references to our “Affiliates” means subsidiaries, parent companies, affiliated companies, officers, directors, shareholders, and employees.

 

 

1. Content

 

What you see on Ampl may be protected by one or more laws regarding intellectual property. 

 

  • Ampl’s Service, Products, and Brand

 

Our Services and Application are protected by copyright, trademark, patent and other laws. Ampl grants you a limited, non-exclusive, nontransferable license per Section 6 below to use the Application and Services for your own personal, non-commercial use. This license lets you use Ampl solely as permitted by these Terms.

 

Unauthorized use of any Ampl’s trademarks, logos, domain names or other distinctive brand features, is prohibited and subject to applicable law enforcement’s exercise of legal and equitable remedies by Ampl.

 

  • Service Use Guidelines

 

You agree to use the Application and Services only for lawful purposes, and to not violate the rights of third parties. Our User Guidelines, which are part of these Terms, contain more information about acceptable and unacceptable uses of the Application and Services. Any unacceptable, unlawful, or unethical use, including posting or collecting content that is obscene, pornographic, illegal, threatening or harassing, excessively violent or promoting the harm of self or others, may result in immediate termination of your account and suspension of service access in the future.

 

  • Your Collection “My Collection”

 

Users can post their own content on Ampl, including, but not limited to, articles, photos, comments and other content.

 

You, and you alone, own the rights to the content you create and publish through Ampl. By posting /sharing on Ampl, you give us permission to use this content how we reasonably believe necessary to provide value within our Application and Services both now and in the future. Including, but not limited to storing, displaying, reproducing and distributing such content. This might also include promoting such content with partner companies or services for broader distribution via Ampl.

 

You’re responsible for the content you publish through Ampl and assume all risks associated with it, including anyone else’s reliance on its accuracy or legal claims that might stem from publication. By posting content on Ampl, you represent that you have the necessary rights to publish that material, that doing so doesn’t conflict with any licenses you may have granted to others and that to the best of your knowledge the content you publish is not intentionally misleading.

 

We don’t pre-screen anyone’s content. However, we have the right to review and remove or disable access to any content through Ampl for any reason. We assume no liability for anything that you or anyone else publishes through Ampl.

 

Ampl contains links to third party websites, services, content and advertisements that we don’t own or control. These links are provided solely as a convenience to you. We don’t necessarily endorse or assume responsibility for this content. By linking to these websites, we do not create or have an affiliation with, or necessarily sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. Ampl LLC has no control over the legal documents and privacy practices of third-party websites; as such, you access any such third-party websites at your own risk.

 

2. Account Registration and Privacy

 

You are responsible for maintaining the confidentiality of the information you provide to register your account and your password.

The Services may include a tool that allows you to sign in using information from your account with a third-party service such as a social media provider (e.g. SnapChat, Telegram, Whatsapp, Linkedin, Twitter or Facebook). Such third-party services are unrelated to Ampl, and your use of any third-party services is subject to the terms and policies of those services. If you access the Services through a third-party service, you expressly consent to Ampl’s access of data in your third-party service account. You represent that you are entitled to disclose your Third-Party service account login information to us and/or grant us access to your Third-Party service account without your breach of the terms and conditions that govern your use of the applicable Third-Party service and without obligating us to pay any fees or making us subject to any usage limitations imposed by such Third-Party service providers. Your information may be stored and processed in the United States or any other country where Ampl or its Affiliates have facilities, and by using a Service online, you consent to the transfer of information outside of your country.  For any personally identifiable information that may be provided to Ampl by such Third-Party service providers in violation of setting that you have set with such Third-Party service accounts, we disclaim any liability.

 

  • Privacy

 

Our Privacy Policy, Ampl.co/Privacy, explains our collection and use of information on the Application and Services, including information you may consider personal. By using Ampl, you consent to the information practices described in that policy as it may be updated from time to time.

 

 

3. Security

 

We take the security of Ampl very seriously. We use reasonable practices to protect the security of your account and data associated with it, but we can’t guarantee that someone won’t be able to defeat our security measures. Please let us know immediately if you discover any compromise of your account.

We are always on the lookout for security loopholes in Ampl. If you discover a vulnerability in our service, we recommend you report it, and encourage you to let us know immediately.

To report a vulnerability, please email security@Ampl.co.

 

 

4. No Kids (Sorry!)

 

We love kids as much as anyone, but Ampl is only for people 13 years old and older. If we learn a child under 13 is using our Application or Services, we reserve the right to terminate the child’s account without notice.

 

 

5. Links to Third-Party Resources

 

The Services may contain links to third-party websites, advertising, or resources (“Third-Party Resources”). We provide these links only as a convenience to you. We do not endorse, verify, or make any representations for and are not responsible for any view expressed, or the content, products or services on or available from those Third-Party Resources. Ampl shall not be responsible to Users or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Resources. You acknowledge sole responsibility for and assume all risks arising from your access to, use of, or reliance upon any Third-Party Resources.

 

 

6. Grant of License

 

Subject to the terms of this Agreement, Ampl grants you a limited, non-exclusive, and nontransferable license to:

a. download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and

b. access, stream, download, and use on such Mobile Device the Services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the terms of use applicable to such Services.

 

7. Copyright

 

Ampl uses reasonable efforts to materially comply with the Digital Millennium Copyright Act. We respond to takedown notices and have a policy of terminating repeat infringers when appropriate. For more information, see our Copyright Ampl.co/Copyright.

 

8.Content and Intellectual Property Ownership

 

Ampl exclusively owns all right, title and interest in and to the Services and all content that is not news content or advertising content, including all associated intellectual property rights. All rights to the news content and advertising content are retained by the third-party that is the source of such content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. “Content” means text, graphics, images, music, software, audio, video, content, works of authorship of any kind, and information or other materials that are posted, generated, distributed, disseminated, provided or otherwise made available through the Services. 

 

This Agreement does not authorize you to, and you may not, copy, distribute, transfer, modify, publicly display, publicly perform or create derivative works based upon Content without our or our partners’ permission.

 

If you believe that your copyright, trademark or other property rights have been infringed by content posted on the Website, or accessed through the Services, please contact us as follows: by email at copyright@ampl.co

 

9. Updates to this Agreement

 

We may change the terms of this Agreement at any time. If we do so, we’ll let you know by posting the modified Terms on the Application or through other communications. By using the Services after changes are made to this Agreement you signify that you agree to be bound by such changes.

 

10. Changes to Our Service

 

Ampl is a dynamic product, always evolving and improving. As a result, we may change, eliminate or restrict access to our Application and Services or any part of our Application and Services at any time, for any reason, with or without advance notice. And we may do so with respect to one, some or all of our users.

 

11. DISCLAIMER OF WARRANTIES

 

THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

 

12. Limitation of Liability

 

To the fullest extent allowed by law, Ampl shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses resulting from (A) your access to, use of, inability to access or inability to use Ampl; (B) any third party conduct or content on Ampl, including any defamatory, offensive or illegal conduct of third parties; or (C) any unauthorized access, use or alteration of your content; (D) damages that in the aggregate exceed the amount actually paid by you for the Application and Services.

 

The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Company was advised of the possibility of such damages.  Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.

 

13. Indemnification

 

You agree to defend, indemnify and hold us and our Affiliates, as well as our agents, partners and licensors harmless from and against all liabilities, claims, damages, losses, costs and expenses, including without limitation accounting and attorneys’ fees, that arise from a) your use, inability to use, or misuse of the Services; or b) your breach of this Agreement, any applicable laws, rules, or regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

 

14. Arbitration

 

If you become unhappy with Ampl for any reason, we’d like the opportunity to work out our differences informally. We strongly encourage you to contact us at support@Ampl.co, and we’ll do our best to resolve the dispute in good faith.

 

If we aren’t able to solve the problem that way, we both agree that we will resolve any claims arising from these Terms or the Ampl Application or Services by final and binding arbitration through the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. 

 

The arbitration will take place in Maricopa County, Arizona, or another location we both agree upon. Either of us may file a lawsuit in court solely for injunctive relief against the other to stop misuse of Ampl or intellectual property infringement without first going through arbitration.

 

You agree to resolve any dispute you have with us on an individual basis in arbitration, and not as a class arbitration, class action or consolidated proceeding of any kind.

 

15. Governing Law and Jurisdiction

 

These Terms will be governed by the laws of the State of Arizona, without regard to any choice or conflict of laws principles.

 

For claims that aren’t subject to arbitration, we each agree that any such claims shall be litigated exclusively in a state court located in Maricopa County, Arizona or in the United States District Court for the District of Arizona in Maricopa County, Arizona, and you consent to personal jurisdiction in those courts.

 

16. Severability

 

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

 

17. General; Entire Agreement; Assignment

 

This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No Third-Party is a beneficiary of this Agreement. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services.

 

18. Waiver

 

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

 

19. Cookies

 

We may use cookies to personalize our content and ads for our Users, to analyze Application traffic, and to provide our Users features such as for social media.  We will never sell or share individual, personal user information, but we may share grouped information about our Users’ activity and use of our site with our partners who may combine it with other information provided to them by Users or collected from Users using their offerings and services.  If you use and continue to use our Services and Application, you consent to our cookies. Read the Ampl Cookie Policy for more information on our use of cookies.

 

20. Entire Agreement

 

These Terms and our Privacy Policy, Ampl.co/Privacy, constitute the entire agreement between you and Ampl. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be in full force and effect.

 

21. Modification

 

These Terms may be modified from time to time. The date of the most recent revisions will always be at https://Ampl.co/terms, and older versions are available upon request. If we make changes that we believe will substantially alter your rights, we will notify you by posting a notice on our website. You agree to accept any changes or revisions to these Terms by continuing to use Ampl.

 

22. Contact

 

We welcome all questions, concerns and feedback you might have about these terms. If you have suggestions for us, let us know at support@Ampl.co.