Terms of Use
Updated 16th September, 2012

Acknowledgment And Acceptance Of Terms Of Use

The services offered at www.amiplaying.com ("Amiplaying") are provided to you under these terms of use. These terms of use comprise the entire agreement between you and Amiplaying and supersede all prior agreements between the parties regarding the subject matter contained herein. By completing the registration process, the user agrees to be bound by all of the terms of use herein and you may continue to use Amiplaying as long as you adhere to them.

Services Void Where Prohibited

Use of the services is void where prohibited. By using Amiplaying, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms of use of this agreement.

Group Event Disclaimers And Limitation Of Liability

YOUR PARTICIPATION IN ANY GROUP EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE GROUP MAY REFUSE ADMITTANCE, MAY CHARGE A FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING AMIPLAYING YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY GROUP EVENT, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF THE EVENT. AMIPLAYING HAS NOT TRIED TO CONTRADICT OR MINIMISE YOUR UNDERSTANDING OF THESE RISKS. BY USING AMIPLAYING, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY GROUP EVENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE AMIPLAYING FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS AMIPLAYING, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY GROUP EVENT. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENT.

Content

Your are solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials which is transmitted, posted, or distributed by you through Amiplaying, including but not limited to the content of your email communications, information, messages, photos or images posted by you. By using Amiplaying you understand and agree that you may be exposed to content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Amiplaying be liable in any way for any content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the service. Subject to the terms of our privacy policy, you agree if you post any content to the service, you grant to Amiplaying, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the content, to distribute, display, modify, redistribute, sublicense and reproduce such content to other users of the service and to third parties with whom Amiplaying has a relationship. You also grant Amiplaying the right to authorise the downloading and printing in whole or in part of any content that you post to the service.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights.

No "Spamming"

If you use any feature of the service for chain letters, junk mail, or "spamming", Amiplaying reserves the right to immediately terminate your access to the service and to seek appropriate legal recourse as necessary.

Privacy Policy

The Amiplaying privacy policy forms part of this agreement, and by agreeing to this agreement, you also give your consent to the way we may handle your personal data as detailed in that policy.

Registration And Account Security

You will not use Amiplaying if you are under 13 years of age. You will not provide any false personal information on Amiplaying, or create an account for anyone other than yourself and you will only create one personal account. If we suspend your account, you will not create another one without our permission. You will not use Amiplaying if you are a convicted sex offender. You agree to maintain and update your personal information as required to keep it current, complete and accurate. You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password under the 'My Account' page. You agree to notify Amiplaying immediately of any unauthorised use of your account or any other breach of security known to you. You must promptly inform Amiplaying of actual or apparent breaches of security, such as loss, theft, or authorised disclosure or use of a user account or password. Until Amiplaying is notified of a breach in security, you will remain liable for any unauthorised use of the service through your account.

No Commercial Abuse Of The Service

You may not copy, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content or posted information on Amiplaying. You may not create bots or other computer generated automatic tools to create registrations, groups, events, nor abuse the Amiplaying service in any manner. Specifically the reproduction, copying, downloading, storage, recording, broadcasting, retransmission and distribution of any part of the Amiplaying contact finder and sport finder data is not permitted. Use that constitutes abuse shall be determined by Amiplaying in its sole discretion and Amiplaying reserves the right to terminate your account if you have not complied with this agreement.

User Conduct

Amiplaying reserves the right, but does not assume the responsibility, to monitor or review your conduct on the service. Your use of the service is subject to all applicable local, national and international laws and regulations. In using the service you agree not to:

  1. Use the service for illegal purposes.
  2. Interfere or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks.
  3. Use the service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process.
  4. Collect information about other users, including email addresses, without their consent.
  5. Transmit through the service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature.
  6. Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the service.
  7. Transmit through the service any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation.
  8. Interfere with another user's use and enjoyment of the service.
  9. Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user.
  10. Create a false identity for the purpose of misleading others as to your identity or the origin of a message.
  11. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
  12. Attempt to gain unauthorised access to the service, other accounts, computer systems or networks connected to the service, through dictionary attacks or any other means.

Indemnification

You agree to indemnify and hold Amiplaying, its parent company, subsidiaries, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the service, the violation of this agreement by you, the infringement by you (or other user of the service using your account) of any intellectual property or other right of any person or entity.

Termination

You may terminate your participation in the service with or without cause at any time and effective immediately. Conversley Amiplaying may terminate the service or your use of the service with or without cause at any time and effective immediately, including but not limited to immediate termination of your use of the service should your conduct fail to conform to the terms of use of this agreement. Specifically Amiplaying shall not be liable to you or any third party for termination of the service or termination of your use of the service. Should you object to any of the terms of use in the agreement or any subsequent modifications made to the agreement or become dissatisfied with the service in any way, your only recourse is to immediately discontinue use of the service and notify Amiplaying of your termination and, at your discretion, notify Amiplaying of the reasons for your termination. Upon termination of your use of the service, your right to use the service shall cease immediately. You shall have no right and Amiplaying will have no obligation thereafter to forward any unread or unsent messages to you or any third party on your behalf.

Links To Third Party Sites

Any Web sites that are accessible via links included within the Amiplaying service that take you out of the service shall be subject to the policies and procedures of the owner of such Web sites. We encourage you to read those policies and know your rights under any Web site you visit.

Disclaimer Of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE AMIPLAYING SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMIPLAYING EXPRESSLY DISCLAIMS 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. AMIPLAYING MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. AMIPLAYING MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT AMIPLAYING DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO AMIPLAYING FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. AMIPLAYING ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE AMIPLAYING SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE AMIPLAYING SERVICE. AMIPLAYING MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMIPLAYING OR THROUGH THE AMIPLAYING SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation Of Liability

AMIPLAYING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF AMIPLAYING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH AMIPLAYING OR A THIRD PARTY THROUGH THE USE OF THE AMIPLAYING SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORISED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT AMIPLAYING IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE AMIPLAYING SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.

Modifications To The Service And To The Terms Of Use

We reserve the right to modify or discontinue the service with or without notice to you. We shall not be liable to you if we modify or discontinue the service. We may change the terms of use at any time at our sole discretion. In the event of any material or substantial change in the terms of use, Amiplaying may notify you by posting an announcement of the changes together with a link to the new terms of use of the service. By using the service after any change in the terms of use, you acknowledge and accept those changes.