Terms & Conditions
Effective date: October 12, 2018
This AMY Global Terms and Conditions document (the Agreement) is a legal contract between the subscriber organization or individual (Subscriber) identified in a AMY Global order form (Order Form), and AMY Global, Inc. (AMY Global), that governs your use of AMY Global's online style services (and the applications available thereon) available at www.AMY-Global.com (Site). Your acceptance of the Order Form constitutes an application to subscribe to the Site pursuant to the terms of this Agreement, and by clicking the "I agree" button, accessing or using the Site; you confirm your agreement to be bound hereby.
If you are entering into this Agreement on behalf of an organization, you represent and warrant that you have the authority to bind such organization. Any person who has access to the Site by virtue of being designated by the Subscriber as an individual user of the Site (an Authorized User) similarly agrees to be bound hereby. If you are entering into this Agreement on behalf of an educational institution, then your Authorized Users are strictly limited to students, faculty and staff; no alumni may be granted access.
All references to "us," "our" and "AMY Global" in this Agreement are intended to refer to AMY Global (as defined above) and its affiliates. All references to "you," "your" and "user" in this Agreement are intended to refer to the Subscriber and all Authorized Users.
1. USE OF SITE
(a) AMY Global grants you a non-exclusive, non-transferable, limited right to access the Site, provided that you fully comply with the terms and conditions of this Agreement.
(b) You agree that all you will use data, materials and information that comprise the Site, including visual interfaces, text and written compositions, videos and other audiovisual works, pictorial works such as images, photographs, graphics, pictures, illustrations, and designs, audio recordings and musical compositions, compilations, and any other works of authorship (Content) that you access through use of the Site, only in accordance with the terms and conditions of this Agreement.
(c) Certain areas of the Site may only be open to you if you are a full subscriber or will only be available for a limited period of time. Any time limit applying to your access and use of the Site will be set out in the Order Form.
(d) Certain Content that we license from third parties may be subject to additional guidelines or rules that will be clearly posted on the Site. You are also subject to any such guidelines and rules.
(e) The Content is protected by trademarks, service marks, copyrights, and other intellectual property rights owned by AMY Global or its Content providers. You agree not to misuse in any way the Content or the Site, including any infringement of trademarks, service marks, copyrights or other intellectual property rights in the Content or the Site.
(f) You agree not to use the Site for any illegal, unethical, fraudulent, misleading, or objectionable purpose or in breach of any law, regulation, or agreement, including CAN-SPAM or other regulations regarding unsolicited email marketing.
(g) You agree not to rent, lease, loan, sell, or otherwise provide access to the Site to anyone other than Subscriber and Authorized Users.
(h) The Subscriber agrees to take necessary measures to procure and ensure the compliance by its Authorized Users with the terms and conditions set forth in this Agreement governing the use of the Site.
2. CHANGES TO SITE
As part of its policy of updating and improving the Site, AMY Global reserves the right, at its discretion, to make changes to any part of the Site.
(a) The Subscriber warrants that the information the Subscriber has given in the Order Form is accurate and complete.
(b) To use the Site, you must register and provide AMY Global with accurate and complete registration information.
(c) It is your responsibility to update your registration data and promptly inform AMY Global of any changes to your information by e-mailing AMY Global at clientservices@AMY-Global.com.
(d) As part of the registration process, AMY Global shall assign to the Subscriber or, at the discretion of AMY Global, shall allow the Subscriber to select, a user name and password. Each registration is for a single user only.
(e) Each additional Authorized User appointed by the Subscriber shall be assigned (or selected at the discretion of AMY Global) a separate user name and password for access to the Site; provided, however, that for educational institutions, Authorized Users are not required to register individually.
(f) AMY Global does not permit any sharing by more than one person of a user name and password or access to the Site through a single name being made available to multiple users on a network; provided, however, that the foregoing restriction does not apply to educational institutions.
(g) You agree that you will not allow others to use your user name and password and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify AMY Global immediately of any unauthorized use of your user name and password.
(a) You agree to pay to AMY Global, in advance, the non-refundable subscription fee for access to the Site as specified in the Order Form (the Subscription Fee).
(b) You are also responsible for all taxes and other government charges or fees, which AMY Global may add and bill to your account.
(c) In addition to the charges set forth above, you may incur and are responsible for all charges associated with connecting to the Site, including all telephone access lines, telephone and computer equipment and any service fees necessary to access the Site.
5. USAGE OF CONTENT
If you are a full subscriber, in connection with your use of the Site, and subject to the limitations set forth below, AMY Global hereby grants you a non-exclusive, non-transferable, limited license to do the following, solely for your product design, development, inspiration, research and manufacturing purposes: view, download and print such Content and create derivative works of pictorial works such as images, photographs, graphics, pictures, illustrations, and designs included within the Content and use such works and your derivative works thereof on or in your products; provided, however, that in the case of subscribing educational institutions and their Authorized Users, your use is limited to non-commercial, educational use only.
(a) The following are strictly forbidden and represent a breach of this Agreement, unless prior written consent is obtained from AMY Global or the relevant third party Content provider:
(i) incorporation of Content in promotional items (including greeting cards, t-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, and calendars), magazines, newspapers, advertising, editorials, catalogs, flyers, brochures, disposable packaging, book covers, and educational textbooks;
(ii) incorporation of Content in any electronic or digital materials including screensavers, electronic greeting cards, websites, broadcast video, and multimedia including film and video, and CD ROMs;
(iii) resale of Content in its original condition or in a digitally manipulated form;
(iv) incorporation of names or likenesses of individuals from Content on or in your products;
(v) incorporation of distinctive locations, buildings, businesses, personal property or products from Content on or in your products;
(vi) use of AMY Global or third party trademarks, trade names or service marks on or in your products;
(vii) distribution of Content to parties outside of the Subscriber organization. However, you may provide pictorial works such as images, photographs, graphics, pictures, illustrations, and designs included within Content to your suppliers, vendors, independent contractors and consultants for the sole purpose of aiding you in connection with your product design, development, inspiration, research and manufacturing requirements only. The sharing of such works for the purposes stated in this paragraph, is at your discretion but in no way absolves you from the full responsibilities for all terms and conditions contained within this Agreement; or
(viii) use, or permitting the use of, data or information on the Site for generating any statistical information which is sold, rented published, furnished or in any manner provided to a third party.
(b) Any requests to republish or redistribute Content should be addressed to AMY Global at clientservices@AMY-Global.com.
(c) AMY Global may provide news e-mail service or other prompts to new Content. Your use of the Content received through the e-mail news service will be subject to the terms and conditions of this Agreement.
(d) Copyright in any software that is made available to you for download from the Site (Software) belongs to AMY Global or its Software suppliers. You may not install or use any Software unless you agree to be governed by the terms of any license agreement that accompanies or is included with the Software.
(e) You acknowledge that the Content is only for your general information and use and does not constitute any form of advice, recommendation or arrangement by AMY Global and is not intended to be relied upon by you in making any specific business or investment decisions. Any reliance by you upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk.
(f) Any use of the Site or the Content thereon other than as specifically permitted above is prohibited.
6. YOUR CONTENT
(a) You are solely responsible for any Content that you upload to the Site or transmit through the Site, and you represent, warrant and agree that:
(i) such Content will not be unlawful, harmful, threatening, harassing, defamatory, obscene, pornographic, vulgar, invasive of another's privacy or right of publicity, infringing of a third party's intellectual property rights;
(ii) such Content will not be hateful, racially, ethnically, or otherwise objectionable, encouraging of conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
(iii) you have all necessary rights to such Content;
(iv) such Content will not harm minors in any way, including transmitting content that violates federal, state, international or any other child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct;
(v) you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any such Content;
(vi) such Content will not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
(vii) interfere with or disrupt (or attempt to interfere with or disrupt) the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
(viii) provide any information to AMY Global that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
(b) However, you agree that AMY Global will not be responsible for screening, policing, editing or monitoring any Content posted, viewed, transmitted, reproduced and/or distributed by any person using the Site.
(c) Your sharing of your Content constitutes permission for use by the recipient according to the terms of this Agreement.
You acknowledge that the software, inventions, know-how, databases, data compilations, methods, processes, designs and architecture underlying the Site (Technology) are protected by intellectual property rights. You agree that you will not (and will not allow any third parties to):
(a) use any device, robot, spider, other automatic software or device, or any manual process, to interfere or attempt to interfere with the proper working of the Site, or to monitor use of the Site, without AMY Global' prior written permission;
(b) take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
(c) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Technology (except that the foregoing restrictions shall only apply to the extent they are allowable under applicable law);
(d) use any network monitoring or discovery software to determine the Site architecture, or extract information about usage, individual identities or users;
(e) circumvent, disable, or otherwise interfere with security-related features of the Site, including any features designed to prevent, limit, or restrict use or copying of any Content; or
(f) bypass robot exclusion headers or other similar measures AMY Global may use to prevent or restrict access to, or caching of, the Site.
THE SITE, INCLUDING CONTENT, IS PROVIDED "AS IS", WITHOUT WARRANTY OR ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY REGARDING CONTENT, SERVICES, UNINTERRUPTED ACCESS, PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, RESULTS OF USE OF THE SITE OR ANY SOFTWARE LICENSED TO YOU , OR THE AVAILABILITY OR ACCURACY THEREOF. SPECIFICALLY, AMY GLOBAL DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.