|
When using AmberAlert , you agree to the
terms and conditions listed on this page (the "Terms of
Service"). In addition, when using particular AmberAlert
services provided by third parties, you will be subject to any
posted guidelines applicable to such services, including any
terms or conditions applicable to AmberAlert services provided
in conjunction with the AmberAlert or by third parties. All such rules and guidelines are hereby incorporated by reference into the
Terms of Service. If you do not agree to these Terms of Service, please do
not use the AmberAlert . We reserve the right, at our discretion, to change,
modify, add, or remove portions of these Terms of Service at any time. Please
check these terms periodically for changes. Your continued use of the AmberAlert
following the posting of changes to these terms will mean you accept those changes.
OVERVIEW AmberAlert is a multi-purpose tool which allows you
to automatically fill in user specific data on web forms, interface with the Skype
application and to access streaming video content (collectively the "AmberAlert Service"). These Terms of Service apply to the AmberAlert as well as any new
products or services that we may add in the future
(unless stated otherwise). GENERAL TERMS OF SERVICE AND, RESTRICTIONS ON
USE OF MATERIALS By using the AmberAlert Service,
you agree to be legally bound by and to abide by the Terms of Service,
just as if you had signed this Agreement. If you do not comply with
the Terms of Service at any time, we reserve the right to
terminate your access to the AmberAlert Service. AmberAlert may discontinue
or alter any aspect of the AmberAlert Service, including, but not
limited to, restricting or terminating
any user's right to use the AmberAlert Service, at our sole
discretion and without prior notice or liability. You acknowledge that the AmberAlert Website and Service contains information, software, photos, video, text, graphics,
music, sounds or other material (collectively, "Content") that are protected
by copyrights, patents, trademarks, trade secrets or other proprietary
rights, and that these rights are valid and protected in all forms,
media and technologies existing now or hereafter developed. All Content
is copyrighted as a collective work under the U.S. copyright laws, and
we own a copyright in the selection, coordination, arrangement
and enhancement of such Content. The AmberAlert name and logo are
trademarks belonging to us. All other trademarks appearing on the AmberAlert
Service are trademarks belong to their respective owners. In the event you download software provided
by us, the software, including any files and/or images incorporated
in or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by us. You may not
redistribute, sell, decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form. You agree to not use the AmberAlert
Service to:
a) interfere with or disrupt the AmberAlert Service or servers
or networks connected to the AmberAlert Service;
b) disobey any requirements,
procedures, policies or regulations of networks connected to the AmberAlert Service;
c) intentionally or unintentionally violate any applicable
local, state, national or international law;
d) use the AmberAlert Service to collect or store personal data about other users. LINKS The AmberAlert Service may provide,
or third parties may provide, links to other World Wide Web sites or
resources. Because we have no control over such sites and resources,
you acknowledge and agree that we are not responsible for the
availability of such external sites or resources, and do not endorse
and are not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources. 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 use of or reliance on
any such Content, goods or services available on or through any such
site or resource. DISCLAIMER We use diligent efforts
to maintain this Service, but we are not responsible for any defects
or failures associated with the AmberAlert Service or any damages (such
as lost profits or other consequential damages) that may result from
any such defects or failures. In addition, we make no guarantees
as to the sites and information located worldwide throughout the Internet
to which you may access as a result of the use of the AmberAlert Service,
including as to: (i) the accuracy, currency, content, or quality of
any such sites and information, or (ii) whether any search using the
AmberAlert Service may locate unintended and objectionable content. PLEASE NOTE THE FOLLOWING IMPORTANT
DISCLAIMERS OF WARRANTIES: THE AMBER ALERT SERVICE IS PROVIDED
'AS IS' AND YOU USE IT AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION. WE MAKE NO WARRANTY THAT THE
AMBER ALERT SERVICE WILL MEET YOUR REQUIREMENTS,
THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE
RESULTS OBTAINED FROM THE USE OF THE AMBER ALERT SERVICE WILL BE ACCURATE
OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL OBTAINED THROUGH THE AMBER ALERT SERVICE WILL MEET
YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE AMBER ALERT SERVICE IS DONE AT YOUR
SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE
OR INFORMATION, OBTAINED BY YOU FROM US OR THROUGH
THE AMBER ALERT SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED
FOR IN THESE TERMS OF SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
AMBER ALERT SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE AMBER ALERT SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO
THE AMBER ALERT SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE AMBER ALERT SERVICE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION YOU ARE ENTIRELY RESPONSIBLE FOR
MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE,
YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR
UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND
OUR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES,
OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS HARMLESS FROM ANY AND
ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING,
BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES,
YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT
BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER
RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY
KNOWN TO YOU. TERMINATION AND MODIFICATION You agree that we, in our sole discretion, may terminate your use of the AmberAlert Service for any reason, including, without limitation,
if we believe that you have violated or
acted inconsistently with the letter or spirit of the Terms of Service.
We may also, in our sole discretion and at any time, discontinue
providing the AmberAlert Service, or any part thereof, with or without
notice. You agree that any termination of your access to the AmberAlert Service under any provision of this Terms of Service may be effected
without prior notice, and acknowledge and agree that we may
immediately bar any further access to the AmberAlert Service. Further, you agree that
we shall
not be liable to you or any third-party for any termination of your
access to the AmberAlert Service.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS These terms shall be governed by
and construed in accordance with the laws of the State of California,
without giving effect to any principles of conflicts of law. You agree
that any action at law or in equity arising out of or relating to these
terms shall be filed only in the state or federal courts located in
Orange County in the State of California and you hereby consent and
submit to the personal jurisdiction of such courts for the purposes
of litigating any such action. If any provision of these terms shall
be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions. This is the
entire agreement between you and AmberAlert relating to the subject
matter herein and shall not be modified, except in writing, signed
by both parties. The Terms of Service will inure to the benefit of
our successors, assigns and licensees. COPYRIGHT AND
COPYRIGHT NOTICES We respect the intellectual
property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide us with the following information:
an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of
where the material that you claim is infringing is located on the
AmberAlert site;
your address, telephone number, and email address; a statement by you
that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you, made
under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf. Please send this via the "Contact Us"
section of the site.
|