TERMS OF SERVICE
Effective date: September 2, 2021
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER THAT IMPACT YOUR LEGAL RIGHTS TO RESOLVE DISPUTES UNLESS YOU OPT OUT. PLEASE READ IT CAREFULLY.
Welcome to Amino App. Please read on to learn the rules and restrictions that govern your use of our mobile applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us via our contact form.
The English language version of the Terms of Service shall control in the event of any conflict with any translated versions.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention through the Services (e.g., by posting a notice), or by sending you an email, and/or by some other means.
What about my privacy?
What are the basics of using Amino App?
You may be required to sign up for an account, and select a password and user name ("User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. Your further agree to (a) restrict access to your account and your computer or mobile device; (b) promptly notify us if you discover or otherwise suspect any security breaches related to the Services; (c) take responsibility for all activities that occur under your account and accept all risks of unauthorized access; and (d) comply with these Terms and the Community & Content Policy.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, solely on your behalf or on behalf of an organization you are authorized to represent, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.
You understand that you are responsible for all data charges you incur by using the Services.
Your use of the Services is subject to the following additional restrictions:
You agree not to post, store, create or otherwise publish or send through the Services any User Submission or Content (as defined below) that violates these Terms and/or the Community & Content Policy. Among other things, you represent, warrant, and agree that you will not contribute any Content or User Submission, or otherwise use the Services or interact with the Services, in a manner that:
A violation of any of the foregoing is grounds for immediate termination of your account and the right to use or access the Services.
Do I have a license to the Amino App?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Amino's) rights.
You understand that Amino, and/or its parent, subsidiaries, or licensors, owns the Services along with the names, logos, slogans and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files (collectively, the "Service Materials") as well as their selection and arrangement are the proprietary property of Amino or its licensors and are protected by U.S. and international copyright, trademark and other laws. Except as explicitly stated in these Terms, Amino does not grant any express or implied right to use Service Materials.
The Services and any necessary software used therein contain proprietary and confidential information that is protected by law. You acknowledge and agree that the Services and Service Materials are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services or Service Materials in whole or in part. Amino's ownership rights to the Services and Service Materials includes future developments, updates, modifications, and enhancements.
You are granted a limited, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Service Materials as described in these Terms for your personal, non-commercial use. This license is revocable at any time. This limited license does not change our rights of ownership to the Services and Service Materials. Amino continues to own all right, title, and interest in and to the Services and Service Materials, even if you incorporate Service Materials into your Content. But we do not own your purely original content.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply - they do!
Do I have to grant any licenses to Amino or to other users?
For all User Submissions, you hereby grant Amino a license to translate, modify (for technical purposes, such as making sure your content is viewable on multiple mobile operating systems) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Amino account, in a manner that is not viewable by any other user except you (a "Personal User Submission"), you grant Amino the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a "Limited Audience User Submission"), then you grant Amino the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a "Public User Submission"), then you grant Amino the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Amino users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Amino's business, provided that Amino will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. Please note that if your User Submission was shared with or by others, it will continue to appear on the Services even if you delete it from your account.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, assignable, irrevocable, and worldwide.
Finally, you understand and agree that Amino, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so. Amino does not control, take responsibility for or assume liability for any User Submissions or any loss or damage related to User Submissions.
You affirm, represent, and/or warrant that: (i) you own or have the necessary legal licenses, rights, consents, and permissions to use, post, publish the User Submissions and to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submissions to use their respective name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Services and these Terms.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like Amino, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify Amino's Designated Agent via contact form. DMCA #: DMCA-1038087. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by Amino or the alleged infringer as the result of Amino's relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are solely responsible for all your activity in connection with the Services.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Amino shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
We may enable linking or sharing to certain available content. When such linking or sharing is permitted, you may only do so for personal, non-commercial purposes, and this permission is non-transferable and may be revoked at any time. Any such links shall: (i) contain only text, and not any Amino or Services trademarks, (ii) not suggest affiliation with Amino or cause confusion; and (iii) not portray Amino or the Services in a false, misleading, derogatory, or otherwise offensive manner, and not contain content that violates these Terms or the rights of any third party.
If there is a dispute between users of the Services, or between users and any third party, you agree that Amino is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Amino, its parent, subsidiaries, affiliates, service providers, and their respective officers, directors, employees, agents, and successors (collectively, the "Amino Parties"), from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor".
What do I need to know about Export Control?
The Services may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you: (1) are not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) are not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Amino or the Services to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
How does Amino respond to violations of these Terms?
As explained in the Section called "Termination," Amino has the absolute right to stop providing part or all of the Services, or to suspend or terminate a User's account at any time. Amino also has the right to delete or remove any Content that we, in our sole discretion, view as violating these Terms, our Community & Content Policy, or for any other reason. Removal of Content and/or terminating access to Services can be done without prior notice to the User.
Without limiting Amino's absolute rights of termination or removal, there are certain actions that will result in immediate removal of Content and/or account termination. User Submissions or other Content that poses a legal risk, is a threat to community members, or violates these Terms will be immediately removed. In addition, if we receive notice that any User Submission is alleged to infringe a third party's intellectual property or proprietary rights, it will be immediately removed and you will be notified.
If you are found to be a repeat offender, Amino will terminate your access to the Services. A repeat offender is a User who has been notified at least twice that they engaged in prohibited activity and/or has had User Submissions removed from any of the Services at least twice.
If your account has been suspended or terminated, and you wish to dispute it, please contact us via form.
Will Amino ever change the Services?
We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical and is therefore not guaranteed. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does Amino App cost anything?
Most parts of our Services are currently free and do not require a premium subscription. Some parts of our services require a subscription, which you can purchase via the App and/or earn through your use of the App, as described below. We reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. You represent and warrant that if you are making any payments for or purchases through the Services that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company or bank, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
How do I collect and redeem coins on Amino App?
From time to time, we may offer opportunities to earn "Amino Coins" by participating in promotions, trying out new features or content, viewing ads, or taking other actions ("Offers"). These Offers are managed by a third party content and marketing partner ("Offer Partner"), and may require you to sign up for an account with the Offer Partner in order to participate in the Offers and earn Amino Coins. Your participation in the Offers and use of Offer Partner's services (including your eligibility to earn Amino Coins) is subject to all of the Offer Partner's terms and conditions applicable to your use of their services, including their terms and conditions.
Any questions, issues or disputes concerning your Amino Coin balance or your eligibility to earn Amino Coins for participating in Offers are solely between you and the Offer Partner and we do not have any liability for your failure, inability or ineligibility to earn Amino Coins, or any issues arising from Offer Partner's operation or failure to operate its services. Subject to the Offer Partner's Terms, any Amino Coins you earn through Offers made available through the Service will be stored for your use in an "Amino Wallet" associated with your account. Amino Coins have no cash value and are not transferable. We reserve the right to stop making Offers available through the Services, to withdraw any Offer at any time and to change or discontinue any or all opportunities to redeem Amino Coins via the Services at any time.
How Do Premium Subscriptions Work?
Certain content, digital goods and other features of the Services are available only if you have a premium subscription to the Services (a "Premium Subscription"). You can sign up for a Premium Subscription in the App by going to the subscription section of the App. There, you will have the choice to pay for a Premium Subscription using your Apple ID or Google Play account, as applicable, or by redeeming Amino Coins for Premium Subscription.
If you purchase a Premium Subscription using your Apple ID or Google Play Account, you will be charged a monthly subscription fee. The monthly fee for the Premium Subscription ("Subscription Fee") will be charged to you each month in advance, to the credit card associated with your Apple ID or Google Play account. If you redeem Amino Coins for a Premium Subscription, we will debit your Amino Wallet for the number of Amino Coins needed for the initial Subscription Fee. The Subscription Fee will be debited from your Amino Wallet each month in advance. Note that the number of Amino Coins needed for the initial Subscription Fee is not equivalent to any particular cash value.
Subscription Fees (whether paid using your Apple ID or Google Play Account, or bought by redeeming Amino Coins) are non-refundable. Your enrollment in the Premium Subscription will be automatically renewed every month until you cancel your Premium Subscription. If you wish to cancel auto-renewal of the Program for the following month, you must cancel your Premium Subscription 24 hours prior to the auto-renewal date by going to the subscription section of the App and toggling off your auto-renew setting. In addition to ending your subscription inside Amino, you may also be required to terminate your recurring payment via your account with the App Store or Google Play in order to stop payment. Amino is not responsible for any recurring charges issued by a failure to do so and will not grant refunds as a result of this failure. We may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Premium Subscription term has ended. If you do not wish to pay the new Subscription Fee, you must cancel your Premium Subscription prior to the expiration of your then-current Premium Subscription term. You may cancel your Premium Subscription at any time, but again, no refunds will be granted for Subscription Fees you've already paid, even if you don't use the Premium Subscription for the entire pre-paid period.
We reserve the right (but we are under no obligation) to terminate your Premium Subscription in the event (i) your payment method is declined (ii) your Amino Wallet does not have enough Amino Coins to pay the Subscription Fee or (iii) you are banned from using the Services (e.g., we terminate your access as a result of your violation of these terms and conditions). If Amino terminates your Premium Subscription, you may also be required to terminate your recurring payment via your account with the App Store or Google Play in order to stop payment. Amino is not responsible for any recurring charges issued by a failure to do so and will not grant refunds as a result of this failure. In these cases, you will still be responsible to pay for all Subscription Fees that accrue under your account prior to cancellation by you or termination by us. If you cancel your Premium Subscription or if we terminate your Premium Subscription, you will lose access to any features, content or tools for which a Premium Subscription is required.
What if I want to stop using Amino App?
Amino is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Amino has the sole right to decide whether you are in violation of any of these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
I accessed Amino App via the Apple App Store - should I know anything about that?
These Terms apply to your use of all the Services, including the iPhone, iPod Touch, and iPad applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but the following additional terms also apply to the Application:
What else do I need to know?
Warranty Disclaimer. Neither Amino, the Amino Parties, nor its licensors or suppliers makes any representations or warranties concerning the Services, Service Materials, or any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind from Amino or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY AMINO (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE AMINO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, AMINO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. You understand that when using the Services, you will be exposed to other users and to Content from a variety of sources, and that users or Content may be inaccurate, offensive, indecent, or objectionable. You may also access third party content or services. Amino does not control you or other users' conduct or their Content, nor any third party content or services, and therefore we are not responsible for them. Amino also does not endorse any user or their Content or any opinion, recommendation, or advice expressed therein. You assume all risk arising from your use of the Services, including but not limited to all of the risks associated with any online or offline interactions with other users or with any third party content or services. You agree to take any and all necessary precautions when interacting with other users and with third party content and services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT AMINO AND THE AMINO PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS, THE SERVICES OR SERVICE MATERIALS, EVEN IF WE KNOW THEY ARE POSSIBLE (COLLECTIVELY, "LOSSES"). THIS INCLUDES, WITHOUT LIMITATION, LOSSES FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE SERVICE MATERIALS, FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT RESULT FROM THE ONLINE OR OFFLINE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR PROPERTY DAMAGE), FROM DELETION OF FILES, ACCOUNTS, OR USER CONTENT, AND/OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AMINO'S OR THE AMINO PARTIES' RECORDS, PROGRAMS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AMINO OR THE AMINO PARTIES FOR ANY LOSSES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED THE GREATER OF: (I) ANY COMPENSATION YOU PAID, IF ANY, TO AMINO FOR ACCESS TO OR USE OF THE SERVICES FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE LOSS; OR (II) THE AMOUNT OF $100.00.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you. If you do not agree to this limitation of liability, your remedy is to terminate your account and discontinue using the Services.
Indemnity. You agree to defend, indemnify and hold harmless Amino and the Amino Parties from and against any and all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of, relating to, or in any way connected to, directly or indirectly: (a) your use of the Services; (b) your User Submissions or Content; (c) these Terms and/or the Community & Content Policy; (d) your violation of any third party's rights; and/or (e) your conduct (or the conduct of a third party using your account) in connection with the Services.
Amino, and/or the applicable Amino Parties, reserve the right to assume the exclusive defense and control of any matter that is subject to this indemnification. If this right is exercised, you will cooperate with Amino in the defense of any claim as we require. In no event shall you settle any claim without our prior written consent.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AMINO.
Any dispute, claim, or cause of action arising out of or relating in any way to these Terms, the Services, or Service Materials (we call these "Disputes"), shall be resolved by confidential binding arbitration on an individual basis, rather than in court, except as otherwise stated herein. You and Amino each waive your respective rights to a jury trial for Disputes. This arbitration provision is governed by the Federal Arbitration Act.
As an exception to the arbitration requirement, the following disputes may be brought in court: (i) any dispute that seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (such as copyrights, trademarks, trade names, logos, trade secrets, or patents) may be brought in court; (ii) any claim of interference or attempted interference with our Services; and (iii) disputes regarding the scope and enforceability of this arbitration provision. In addition, either party may assert the Dispute in small claims court if the Dispute qualifies.
You and Amino agree that Disputes are personal and therefore, class actions and class arbitrations are not permitted. Neither you nor Amino will commence against the other a class action, class arbitration or other representative action or proceeding that would affect other users of the Services. The arbitrator does not have the authority to conduct a class arbitration or a representative action, and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Any arbitration under this provision shall be held in Los Angeles, California (or, alternatively, via telephone or video conference) before and in accordance with the applicable rules of JAMS, which are available on the JAMS website. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. Arbitrations shall be conducted in English. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
As limited by the Federal Arbitration Act, these Terms, and the applicable JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any individual Dispute and to grant any remedy that would otherwise be available in court (excluding class arbitrations or representative actions as noted above). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You and Amino agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises before filing for arbitration. Notice to Amino must be sent contact form. If the Dispute is not resolved informally between the parties within thirty (30) days of the date of notice, then either party may initiate arbitration in accordance with these Terms.
Any Dispute must be filed within eighteen months after it arose; otherwise, your claim is permanently barred.
Opt-Out of Arbitration: You have the right within thirty (30) days of first accepting these Terms to decline this agreement to arbitrate. To do so, you must send written notice with your name, address, username, email address or phone number that you use for your Service account, identify the Service(s) you use, and clearly state that you want to opt out of the Terms of Service arbitration agreement. Send this notice to: 1222 6th St., Santa Monica, CA 90401.
If you choose to file an arbitration proceeding after providing Amino the required notice, Amino will pay the filing fees, administration and hearing costs, and arbitrator fees if the arbitration seeks less than US $10,000 and the Dispute is not determined to be frivolous or improper by the arbitrator. We will also pay the fees and costs for any arbitration that we initiate. For all other Disputes, the fees and costs shall be paid according to the JAMS rules, including rules regarding frivolous or improper claims. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
Choice of Law. These Terms and your use of the Services shall be governed by and construed in accordance with the laws of California without resort to its conflict of law provisions. To the extent the arbitration requirement does not apply (if ever), you agree that any action at law or in equity for any Dispute shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding for any Dispute.
Termination. We have already described specific instances in which we will automatically terminate a User's account for specified violations, such as for repeat infringement. In addition, Amino reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and/or Service Materials at any time and to block or prevent your future access to, and use of, the Services and/or Service Materials, for any or no reason. Amino also has the right to remove prohibited Content at any time, without prior notice and at its sole discretion.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Amino's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Amino may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision, or part thereof, in these Terms shall be deemed unlawful, void or for any reason unenforceable, then the unenforceable provision or part thereof, shall be deemed severable from these Terms and shall not affect the validity and enforceability of the rest of the provision and any remaining provisions in these Terms. Neither party will be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation, acts of God, terrorism, war, riots, fire, natural disasters, outbreaks or pandemics, or degradation or failure of third party networks or communications infrastructure. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Amino, and you do not have any authority of any kind to bind Amino in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Amino agree there are no third party beneficiaries intended under these Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example but without limitation, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding Disputes. You and Amino agree that these Terms and the policies referenced herein are the complete and exclusive agreement between the parties as to the subject matter herein, and that it supersedes and cancels all other written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
Questions, comments, or notices under the Terms of Service may be directed to Amino via our contact form.
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