Last updated: December 16, 2015
Welcome to www.amazenu.com, our mobile and set-top box applications (“Applications”), the web “micro-sites”, and our pages on Twitter.com, Facebook.com, Google.com, Pinterest.com, and Instagram.com (collectively, the “Site”). The Site is owned and operated by amaZEN U LLC (“amaZEN U”, “we”, “us” or “our”). PLEASE READ THIS AGREEMENT CAREFULLY.
Agreement to Terms
These Terms set forth an agreement between you and amaZEN U. By using the Site and/or Applications, you agree to be bound by these Terms.
Changes to Terms
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Site or Applications after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Site or Applications anymore. Because our Site and Applications are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
amaZEN U requires You to create an account to user Some parts of the Site and to use the Applications. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO REGISTER AS A USER OR OTHERWISE SUBMIT PERSONAL INFORMATION TO AMAZEN U WITHOUT PARENTAL CONSENT.
If You create an account, You agree to provide, maintain, and update true, accurate, current, and complete information about Yourself in the registration process. You shall not impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person, company, or school’s name, likeness, voice, image(s), or photograph(s). You also agree to promptly notify amaZEN U with any questions of any unauthorized use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to the Site. You are solely responsible for the use, protection and confidentiality of Your password and account ID, whether or not such use is or was actually or expressly authorized by You. You shall not allow others to use this Site under Your password or account ID.
Under these Terms, amaZEN U offers users the ability to (i) use the Site; (ii) use the Applications; and (iii) provide feedback and/or other material to amaZEN U. By accessing, browsing, linking, and/or downloading information from the Site, creating an account, and/or using the Applications, as applicable, you and the entity or organization that you represent (“You” or “Your”) are each deemed to have read, understood, and agreed to be bound by each of the terms, conditions, and notices in this Agreement (the “AGREEMENT”).
This Agreement constitutes the entire agreement between You and amaZEN U with respect to any use of this Site and it supersedes all prior and contemporaneous agreements or arrangements between amaZEN U and You in relation to the Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records.
If You do not understand or agree to each of the terms, conditions and notices in this Agreement, You should not access, browse or otherwise use this Site.
Content Ownership and Rights
For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site and Applications.
amaZEN U and its licensors and partners exclusively own all right, title and interest in and to the Site, Applications and Content, including all associated intellectual property rights. You acknowledge that the Site, Applications and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications or Content.
Grant of License
So long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to view and use the Site. All rights not granted herein are reserved by amaZEN U. Your usage of the Site is subject at all times to these Terms and the licenses amaZEN U grants to you.
The licenses granted to you are conditioned upon your proper conduct and compliance with these Terms at all times, as judged by amaZEN U in its sole discretion and judgment. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site or any Application.
The licenses granted to you will be revoked (with or without notice) and ineffective if you:
- (a) are under age 18 and have not obtained the consent of your parent or legal guardian;
- (b) use any robot, spider, bot or other automatic device or manual process to monitor or copy any portion of a Site or the Applications without our prior written permission;
- (c) use any device, software or routine to damage, over-burden or impair the Site or any Applications, which includes the use of a jail-broken or rooted device or tool that enables the operation of the Site or an Application in a manner that is other than what we intended;
- (d) take any action that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with any other user’s ability to use or access the Site or any Application;
- (e) copy, reproduce, alter, modify, transfer, lease, loan, sell, create derivative works, or publicly display any Application or content from the Site or a portion of an Application or the Site;
- (f) alter or modify the copyright notices and any other proprietary legends that appear on the Site or any Application;
- (g) access the Site by any means other than through the public interfaces we provide to you;
- (h) are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
- (i) have previously had your license to the Site and/or Applications revoked by amaZEN U;
- (j) engage in any act that amaZEN U deems to be in conflict with the spirit or intent of these Terms, the Site or the Applications, including, but not limited to, circumventing or manipulating these Terms, our game rules, game mechanics or policies;
- (k) make improper use of amaZEN U customer service or other support services, including by submitting false reports or using profane and abusive language in your communications with any amaZEN U employee or representative; or
- (l) fail to comply with any of the provisions of these Terms.
Links to Third Party Websites or Resources
The Site and Applications may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Site and Applications at our sole discretion, at any time and without notice to you. Users may request deletion of their accounts by emailing firstname.lastname@example.org. When you delete your account all of your information is permanently deleted, and cannot be recovered.
Upon any termination, deletion or cancellation of your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability.
You agree not to do any of the following:
- Use, display, mirror or frame the Site, or any individual element within the Site, amaZEN U’s name, any amaZEN U trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without amaZEN U’s express written consent;
- Access, tamper with, or use non-public areas of the Site, amaZEN U’s computer systems, or the technical delivery systems of amaZEN U’s providers;
- Attempt to probe, scan, or test the vulnerability of any amaZEN U system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by amaZEN U or any of amaZEN U’s providers or any other third party (including another user) to protect the Site;
- Attempt to access or search the Site or download Collective Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by amaZEN U or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a amaZEN U trademark, logo URL or product name without amaZEN U’s express written consent;
- Use the Site for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Site, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Site and Applications.
Subscription Fees / Termination
Modification of Site
amaZEN U LLC. may, at any time and in its sole discretion, revise, modify, or otherwise change this Site, in whole or in part, without notice to You.
Availability and Use of Site
The availability of this Site depends on many factors, including some factors that are beyond amaZEN U’s control, such as Your connection to the Internet and the Internet backbone. amaZEN U shall not be liable to You if You cannot access the Site due to reasons that are beyond amaZEN U’s control. You may not upload to, or distribute or otherwise publish through, this Site any content, information, or other material that (a) violates or infringes the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, servicemarks, trade secrets, and other proprietary rights; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
To request permission to modify or redistribute Content for commercial purposes, please contact:
6575 Dorset Lane
Solon, OH 44139
Notice of Infringement
If You believe that Your intellectual property has been used or copied in a way that constitutes copyright or other intellectual-property infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please provide amaZEN U’s Copyright Agent a notice containing the following elements:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- a description of the work(s) that You claim have been infringed and an identification of what material in such work(s) is claimed to be infringing;
- a description of where the material that You claim is infringing is located on this Site;
- information sufficient to permit to amaZEN U to contact You, such as Your address, telephone number, and email address;
- a statement by You that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
- a statement by You that the information in the notice is accurate and, under penalty of perjury, that You, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, amaZEN U may, in its discretion, remove or disable the material claimed to be infringed.
Please be advised that if You materially misrepresent that material is infringing Your intellectual property, You may be liable for damages (including costs and attorneys’ fees). If You are not sure whether the material infringes on Your intellectual property, You should consider contacting an attorney before contacting amaZEN U.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, amaZEN U designates the following as its agent for receipt of notifications of claimed copyright or other intellectual-property infringement:
Intellectual Property Claim,
6575 Dorset Lane
Solon, OH 44139
By email: email@example.com
How to Respond to a Claimed Infringement
If amaZEN U removes or disables the material claimed to be infringing, amaZEN U will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send amaZEN U a counter-notice why the content does not infringe another’s intellectual-property rights and requesting reinstatement of the content. The counter-notice must be in writing and include the following information:
- The owner’s physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- The following statement by the owner: “I declare, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The owner’s name, address, and telephone number, and the following statement by the owner: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which amaZEN U LLC may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”
If we receive a counter-notice under these provisions, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at amaZEN U’s discretion.
Links to this Site
You may hyperlink to the home page of amaZEN U.com from any Acceptable Site (as defined below); provided, however, that You comply with the following conditions:
- You may not frame the Site or any portion of the Site;
- The hyperlink to the Site is not used in a way that suggest that amaZEN U endorses You or Your website or is affiliated with or sponsors Your website;
- You obtain amaZEN U’s prior written approval if You intend to use any logos, trademarks, or other copyrighted material for such link;
- The link to the Site is not used or presented in any way that disparages amaZEN U or tarnishes, blurs or dilutes the quality of amaZEN U’s name or trademark or any associated good will;
- Any link or authorized logo used as a link include appropriate legends or other proprietary notices; and
You agree that amaZEN U may terminate Your right to link or hyperlink to the Site at anytime for any reason or for no reason, subject to the terms of this Agreement.
An Acceptable Site means a web site that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement or any third party’s intellectual property or proprietary rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (iv) violates or encourages others to violate any applicable law.
You expressly agree that Your use of the Site is at Your sole risk. THE SITE AND ALL CONTENT AND SERVICES THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. AMAZEN U MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN TERMS OF THE SITE’S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE WITH RESPECT TO YOUR USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THE SITE. AMAZEN U DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE AND SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THIS SITE. AMAZEN U DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS INCLUDES LOSS OF DATA OR PROFITARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OF THE SITE. AMAZEN U DOES NOT WARRANT THAT DEFECTS IN ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVIER THAT MAKES CONTENT OR INFORMATION AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPENENTS.
Limitation of Liability
IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL AMAZEN U, ITS AFFILIATED OR RELATED ENTITIES, ITS CONTENT PROVIDERS, PARENTS, SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, BE LIABLE TO YOU OR TO ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, OR OTHER DAMAGE, INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF THE SITE, INFORMATION PROVIDED ON THE SITE, ANY ACT OR OMISSION PERFORMED BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE CONTENT OF THE SITE, OR THE INABILITY TO USE THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU ADVISE AMAZEN U OR ITS REPRESERNTATIVES OR THE SAME ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM OR DAMAGE. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, amaZEN U’s liability is limited to the greatest extent permitted by law.
Relationship of Parties
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and amaZEN U as a result of this Agreement or any use of this Site. You agree not to hold yourself out as a representative, agent, or employee of amaZEN U and shall not be liable for any representation, act or omission made by You.
You shall not assign this Agreement or any of Your rights and obligations under this Agreement. This Agreement shall inure to the benefit of amaZEN U’s successors, assigns and licensees.
Governing Law and Jurisdiction
This Site is operated and provided in the State of Ohio. As such, this Agreement is governed by and subject to the laws of the State of Ohio, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Cuyahoga County, Ohio, U.S.A. in all disputes arising out of or relating to the use of this Site, and consent to personal jurisdiction and venue in the state and federal courts in Cuyahoga County, Ohio, with respect to all such disputes. You agree that any legal issues arising from or related to Your use of the Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Ohio applicable to contracts entered into and wholly to be performed within Ohio. amaZEN U makes no representation that the Site is appropriate, lawful or available for use in other jurisdictions or locations. Accordingly, if You choose to use the Site, You agree to do so subject to the internal laws of the State of Ohio.
If any term or provision of this agreement is held to be invalid, illegal or unenforceable for any reason, the remaining portions of this Agreement (and any partially enforceable provision) shall not be affected thereby and shall continue to be valid and enforceable to the maximum possible extent and the invalid, illegal or enforceable term or provision will be amended and limited to give effect to the intent of the parties as determined from the face of this agreement, to the extent necessary to validate such term or provision.
Reservation of Rights
amaZEN U reserves to itself any and all rights not expressly granted herein.