Terms of Use

Welcome to The Amanda Project (“TAP”), which is owned and operated by Amanda Project, LLC.  These Terms of Use apply solely to the Web site and service located at www.theamandaproject.com.

Please read these Terms of Use carefully before registering or using TAP.  If you do not accept these Terms of Use, then you may not use TAP.  Use of TAP is subject to these Terms of Use and all applicable laws.  These Terms of Use are subject to change at any time.  Such changes will be posted on this page of TAP.

Authorized Use of TAP

You may use TAP for your personal and non-commercial use only.  TAP may not be used for any other purpose without our prior written consent, including using TAP in any way in connection with any commercial activities.

Registration

You may access TAP without registering, but in order to take advantage of many aspects of TAP, you will need to register for an account.  Your account is for your sole, personal use; you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.  All registration information you provide to TAP must be truthful.  You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

Privacy

The privacy of your personally identifiable information is very important to us.  For more information on what information we collect and how we use such information, please read our Privacy Policy.

Rules of Conduct / Acceptable Use Policy

TAP seeks to foster a creative, positive environment for everyone.  Therefore, we require that all users follow certain Rules of Conduct.  The rules below are merely examples and are not intended to be exhaustive.  We will make the sole determination as to whether or not conduct or content is acceptable for TAP.

DON'T BE A HATER:

DON'T GIVE OUT YOUR PERSONAL INFORMATION:

DON'T BREAK THE LAW:

PROHIBITED CONTENT:

You may not post any content to TAP which:

TAP is under no obligation to screen or monitor user content, but may review user content from time to time at its sole discretion to review compliance with this Acceptable Use Policy.  TAP may include, edit, or remove any user content at any time without notice.

You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on TAP.  Further, you may not use any such automated means to manipulate TAP or attempt to exceed the limited authorization and access granted to you under these Terms of Use.  You may not resell use of, or access to, TAP to any third party. 

Reporting Abuse

If you become aware of a violation of these Terms of Use by another person, or of any objectionable behavior or content on TAP, we encourage you to contact us immediately at .(JavaScript must be enabled to view this email address).

Your Content

You are solely responsible for whatever material you create yourself and/or publish (upload) or otherwise contribute to TAP, for example, images, text, chat sessions, and the like.

You continue to own all rights to the material which you upload yourself to TAP, provided that, by uploading any content to TAP, you automatically grant us a perpetual license to use, redact, republish, copy, perform, sublicense, and distribute your content, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you.  

Our Content

We or our licensors are the exclusive owners of all copy, software, graphics, designs, and all copyrights, trademarks, and other intellectual property or proprietary rights contained on or used in connection with TAP, including all modifications and derivative works.  Except as set forth herein, you agree not to copy, distribute, modify, or make derivative works of any materials without the prior written consent of the owner of such materials.  All rights not granted under these Terms of Use are reserved by TAP.

Suspension, Termination, or Cancellation of TAP Membership

TAP has the right to suspend or cancel your membership and close your account at any time without notice, including if you violate these Term of Use.  You may terminate your account at any time by notifying TAP directly at .(JavaScript must be enabled to view this email address). 

Links

TAP may contain links to other Web sites not maintained by us.  We encourage you to be aware when you leave TAP and to read the terms and conditions and privacy statements of each and every Web site that you visit.  We are not responsible for the practices or the content of such other Web sites or services.  Despite any links that might exist on TAP, we do not endorse and are not affiliated with such third parties.

No Warranties

TAP, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH TAP, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON TAP. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TAP OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TAP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF TAP, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of TAP during the prior twelve (12) months or (ii) ten dollars ($10).

Indemnity

You agree to defend, indemnify and hold harmless us and our officers, directors, employees, business partners, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your content or information uploaded or used in connection with TAP, (iii) your use of materials or features available on TAP (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. 

Governing Law

The laws of the State of New York shall govern these Terms of Use.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF TAP. 

Any claims asserted by you in connection with TAP must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you.  Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via TAP by third parties not within our control (such as content uploaded by another user). We are under no obligation to, and do not, scan content used in connection with TAP for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on TAP.

If you believe any materials on TAP infringe a copyright, you should comply with the DMCA, including providing us with written notice that, at a minimum, contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

The Amanda Project, LLC
115 South Street, 4F
New York, NY 10038
.(JavaScript must be enabled to view this email address)

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. 

Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.  Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information

Should you have any questions you may contact us at:

The Amanda Project
115 South Street, 4F
New York, NY 10038
212-513-0359
.(JavaScript must be enabled to view this email address).

 

Effective Date

These Terms of Use were last updated on July 31, 2009

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