AMPLIFFY GENERAL TERMS AND CONDITIONS
1.- LEGAL INFORMATION AND ACCEPTANCE:
The terms and conditions contained herein (the “Terms of Use“) govern the use by you (whether as a guest
or a
registered user) of the website www.Ampliffy.com, its subdomains and/or other web sites where the
following Terms of
Use are referred and/or made accessible (the “Website(s)“) that AMPLIFFY MEDIA PARTNERS, LTD.
(“Ampliffy“) operates
and makes available to users in order to provide information about its services as well as the
possibility of using
them. Use of the Websites includes accessing, browsing, or registering to use the Website.
Please read these Terms of Use carefully before you start to use any of the Websites, as these will
apply to your
use of the Website. The use of the Website by users implies acceptance of all conditions contained in
these Terms of
Use. By using any of the Websites you confirm that you accept these Terms of Use and that you agree to
comply with
them. If you do not agree to these Terms of Use, you must not use the Website.
Users can access, print, download and save these Terms of Use at any time. These conditions will be
permanently
accessible on the Website.
Ampliffy Privacy Policy and Cookies Policy are an integral part of these Terms of Use so you also
unreservedly
accept these Policies and agree to be bound by them.
Some services accessible by users from the Website may be subject to special term or conditions, or
instructions
that may replace, complement and/or modify these Terms of Use.
When applicable, the special conditions shall be made available to the user in a clear manner and must
be accepted
by the user before the provision of that particular service. In case of discrepancies, the special
conditions shall
revail over these Terms of Use.
It is possible that during the provision of services included in the Website, the domain name under
which such
services are provided may be modified. Therefore, users know and accept this possibility, while the
conditions
accepted by users by these Terms of Use remain in full force and effect.
Ampliffy legally reserves the right to deny access, at any time and without prior notice, to those users
who do not
comply with these Terms of Use at any time.
2.- ACCESSING THE WEBSITE:
The Website is made available free of charge.
Ampliffy does not guarantee that the Website, or any service or content on it, will always be available
or be
uninterrupted. Access to the Website is permitted on a temporary basis (Ampliffy offers the Website
service for a
duration restricted to the moment in which users access and connect to the Website or to any other of
service
offered). Ampliffy may suspend, withdraw, discontinue or change all or any part of the Website without
notice.
Ampliffy will not be liable to the users if for any reason the Website is unavailable at any time or for
any period.
Users are also responsible for ensuring that all persons who access the Website through their internet
connection
are aware of these terms of use and other applicable terms and conditions and that they comply with
them.
Ampliffy does not represent that content available on or through the Website is appropriate or available
in other
locations. Ampliffy may limit the availability of the Website or any service or product described on the
Website to
any person or geographic area at any time.
3.- REGISTRATION AND PASSWORD:
Ampliffy reserves the right to seek the registration of users for access to certain services on the
Website. When
prior registration is required, users must complete the online registration process as expressly
established for
each service, providing the information as prompted in the relevant registration form. Registration may
require to
be firstly subscribed with a third party provider (i.e social network, email provider). The user must
abide by the
terms and conditions of such third party provider before registering.
All the information provided by users through the Website must be truthful, accurate, updated and
complete. For this
purpose, each user guarantees the authenticity of all data that he/she provides when filing the forms
required to
register or subscribe to the relevant services.
In order to submit videos to the Website or to any interactive services associated with it, registration
and
authentication will always be required. Once users are registered and obtain a password, they may be
able to post,
upload or publish contributions subject to the provisions of these Terms of Use. When participating in a
discussion
or thread, users will be informed of any new messages, posts or replies from third parties via the email
address
provided by the user at registration and in accordance with our Privacy Policy.
If the user chooses or is provided with a user identification code, password or any other piece of
information as
part of our security procedures (the “password/s“), the user must treat such information as
confidential. The user
must not disclose it to any third party and will use it diligently.
Assigned passwords are personal and non-transferable; no assignment of passwords, even temporarily, to
third parties
is permitted. As such, users agree to use their passwords diligently and keep such passwords secret. In
the event
that a user knows or suspects the loss, theft or use of his/her password by others or that anyone other
than the
user knows his/her password, then that user must promptly bring this to the attention of Ampliffy at
legal@Ampliffy.com.
Ampliffy has the right to disable any password, whether chosen by the user or allocated by Ampliffy, at
any time, if
the user has failed to comply with any of the provisions of these Terms of Use.
Each user is responsible for costs and damages caused by the use of the Website, content or services by
any third
party using his/her password due to careless use or loss of it by a user.
4.- TERMS OF USE OF THE CONTENT AND SERVICES:
Use of the Website and its content is entirely voluntary and under the sole and exclusive responsibility
of the
user.
Some services are exclusive to certain users and their access is restricted.
Users may solely access the content and services through the means or procedures that have been made
available for
this purpose on the Website or used on the Internet for this purpose, provided they do not involve the
violation of
intellectual or industrial property or involve any damage to the Website and/or its information or
services offered.
Users are obliged to use the Website, content and services in a diligent, proper and lawful manner and,
in
particular, agree to refrain from behavior including but not limited to the following:
(a) use of the Website, content and services in a manner that results in activity which is illegal,
immoral or
against generally accepted best practices or public order;
(b) use of the Website, content and services in a way that breaches any applicable local, regional,
national or
international law or regulation;
(c) transmitting or disseminating information, data, content, messages, graphics, drawings, sound and/or
images,
photographs, recordings, software and, in general, any material that is obscene, offensive, vulgar or
that may
induce activity which is criminal, slanderous, defamatory, violent or, in general, contrary to law,
moral rights or
generally accepted best practices or public order;
(d) reproducing, duplicating, copying, reselling or distributing any part of the Website or the content,
or allow
public access to them through any form of public communication, or transform or modify it, unless with
the
permission of the copyright owner or corresponding rights holder;
(e) infringing intellectual or industrial property belonging to third parties or Ampliffy;
(f) using the services and content in a way that could undermine or overload the operation of the
Website;
(g) not to access without authority, interfere with, damage or disrupt any part of the Website, any
equipment or
network on which the Website is stored; any software used in the provision of the Website, or any
equipment or
network or software owned or used by any third party;
(h) conducting unlawful or fraudulent transactions or ones that could facilitate illegal or fraudulent
behaviour of
any kind, or using the Website, content and services in a way that is unlawful or fraudulent or has any
unlawful or
fraudulent purpose or effect; i) using the Website, content and services for commercial purposes
(j) using the Website, content and services and, in particular, information of any kind obtained through
the Website
for any advertising purposes and, in particular, for sending, or procuring the sending of advertising,
communications for direct marketing purposes or for any other commercial purpose, unsolicited or
unauthorized
advertising and promotional material or any form of similar solicitation, unsolicited messages or
addressed to a
number of people, or to sell or otherwise disclose such information without the authorisation of the
addressee and
Ampliffy;
(k) knowingly transmitting any data, send or upload any material that contains viruses, Trojan horses,
worms,
time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code
designed to
adversely affect the operation of any computer software or hardware; and
(l) sending, knowingly receiving, uploading, downloading, using, re-using any material or content which
does not
comply with Ampliffy content standards below.
Users are liable for damages of any kind that Ampliffy may suffer directly or indirectly as a result of
any breach
of these Terms of Use or the law relating to the use of the Website.
Ampliffy may from time to time provide interactive services on the Website, including, without
limitation, chat
rooms, bulletin boards, discussion forums, blogs, articles with public comments or social media
platforms.
Users must read and accept these Terms of Use before contributing any information, material or content
to the
Website or to any interactive services associated with it.
Where Ampliffy does provide any interactive service, Ampliffy will provide clear information to the
users about the
kind of service offered, if it is moderated and what form of moderation is used, including whether it is
human or
technical. Ampliffy may use, for instance, spam filters or word filters to automatically prevent the
uploading or
publication of, or block or delete contributions containing inappropriate words or phrases.
Ampliffy will do its best to assess any possible risks for users from third parties when they use any
interactive
service provided on the Website, and Ampliffy will decide in each case whether it is appropriate to use
moderation
of the relevant service (including what kind of moderation to use) in the light of those risks. However,
Ampliffy is
under no obligation to oversee, monitor or moderate any interactive service provided on the Website, and
Ampliffy
expressly excludes its liability for any loss or damage arising from the use of any interactive service
by a user in
contravention of these Terms of Use or any applicable legislation, whether the service is moderated or
not.
This Website may include information and materials uploaded by other users of the Website. This
information and
these materials have not been verified or approved by Ampliffy. The views expressed by other users on
our site do
not represent Ampliffy views or values. The views expressed by users on the Website or the interactive
services do
not represent Ampliffy views, values, opinions or positions and the users are responsible for their
comments and for
the information, material or content they publish.
Where Ampliffy does moderate an interactive service, Ampliffy will normally provide the user with means
of
contacting the moderator, should a concern or difficulty arise.
Users may also report illegal activity or information, material or content which is unlawful or violates
these Terms
of Use at any time via Ampliffy online content complaint form available. Once the form is filled in and
submitted,
Ampliffy will review and investigate the request and, if appropriate, will promptly take action.
The following content standards apply to any and all information, material or content that users
contribute to the
Website and to any interactive services associated with it (the “contributions”). The user must comply
with the
spirit and the letter of these standards, which apply to each part of any contribution as well as to its
whole.
Contributions must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain images or videos.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or
age.
- Infringe any copyright, database right or trademark or any other right of any third party.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance inconvenience or needless
anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from Ampliffy if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement
or computer
misuse.
- Infringe any applicable law or regulation.
Failure to comply with the obligations set out in Clause 4 herein constitutes a material breach of the
Terms of Use
upon which users are permitted to use the Website, and may result in Ampliffy taking all or any of the
following
actions:
- Immediate, temporary or permanent withdrawal of the user’s right to use the Website.
- Immediate, temporary or permanent removal of any contribution, posting or material uploaded by the
user to the
Website or any interactive service associated to it.
- Sending of a warning to the user.
- Legal proceedings against the user for reimbursement of all costs on an indemnity basis (including,
but not
limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against the user.
- Disclosure of such information to law enforcement authorities as reasonably necessary and to the
extent permitted
by law.
Ampliffy excludes liability for actions taken in response to breaches of these Terms of Use. The
responses described
in these Terms of Use are not limited, and Ampliffy may take any other action which is appropriate in
its best
interests.
Any users’ contribution to the Website will be considered non-confidential and non-proprietary. Each
user retains
all of his/her ownership rights in his/her contributions, but grants Ampliffy and other users of the
Website a free
of charge license to use, store and copy those contributions and to distribute and make them available
to third
parties, with the widest and longest scope and duration permitted by law for the purposes of public
display the
contribution of the Website. Users expressly authorize Ampliffy to use the contributions published,
uploaded or sent
by them for the promotion and marketing of the Website.
In accordance with the provisions of our Privacy Policy, Ampliffy has the right to disclose the user’s
identity to
any third party who is claiming that any contribution or content posted or uploaded by such user to the
Website or
any interactive service constitutes a violation of their intellectual property rights, their right to
privacy or any
other of their rights.
Users are solely responsible for securing and backing up their content.
5.- INTELLECTUAL PROPERTY RIGHTS:
The Website and its content are protected by copyright laws and treaties around the world. All such
rights are
reserved.
Users will respect the industrial and intellectual property rights of Ampliffy and third parties at all
times. Users
acknowledge and agree not to have any right, title or interest over those intellectual property rights,
nor have
right to use, except to the extent permitted under these Terms of Use. Consequently, none of the rights
or
obligations conferred or assumed under this Terms of Use will be construed as an assignment or license,
in whole or
in part, of the industrial and intellectual property rights over the Website or any of the parts
thereof, or affect
the ownership thereof, unless it is expressly provided otherwise.
It is expressly prohibited to reproduce, distribute, modify, transfer, communicate or make available to
the public,
extract, reuse, resend and in any other manner use by any means the Website or any of the parts or
elements thereof
(including, but not limited to text, design, graphics, information, data, archives, sound files and/or
images,
logos, etc.), unless the holder of the relevant rights (either Ampliffy or a third party) has provided
its prior
written authorization or if it is permitted by law. The breach of these obligations may constitute a
violation of
the intellectual or industrial property rights and other applicable laws.
Users must not use any part of the information, content or material on the Website for commercial
purposes without
obtaining a license to do so from Ampliffy or its licensors.
Provided that they are not obtained or used for commercial or professional purposes but for private
purposes only
and in accordance with that established in the applicable legislation, users may view and obtain
temporary private
copies of the information, materials, and content of the Website in their computer systems (hardware and
software).
It is expressly prohibited to access or obtain, or attempt to access or to obtain the information,
materials or
content of the Website through means or procedures other than those which, if any, (i) have been made
available to
users or have been indicated for this purpose; or, in general, (ii) are commonly used on the Internet
for this
purpose, provided that they do not imply a risk of damage, mutilation or uselessness of the Website, the
information, materials or content.
Each party will immediately inform the other one, through any of the contact ways referred to in these
Terms of Use,
of any violation of intellectual or industrial property rights they may be aware of, and shall fully
cooperate in
the defense of such rights.
If you use, copy or download any part of our site in breach of these Terms of Use, the user’s right to
use the
Website will cease immediately and the user must, at Ampliffy’s option, return or destroy any copies of
the
materials the user has made.
6.- NO RELIANCE ON INFORMATION:
The content on the Website is provided for general information only. It is not intended to amount to
advice on which
users should rely on. Users must obtain professional or specialist advice before taking, or refraining
from, any
action on the basis of the content on the Website.
Ampliffy makes no representations, warranties or guarantees, whether express or implied, that the
Website or any
information or content on it is accurate, complete or up-to-date or will be free from errors or
omissions.
Ampliffy cannot warrant that contributions sent by users have been provided after users have actually
tried, viewed,
checked or otherwise used, as applicable, the content or service for which the contribution is related.
7.- DISCLAIMER OF WARRANTIES AND LIABILITY:
To the extent permitted by law, Ampliffy excludes all conditions, warranties, representations or other
terms which
may apply to the Website or any information, content or material on it, whether express or implied.
Ampliffy reserves the right to terminate the users’ access to the Website as well as the provision of
any or all
content or service provided through it at any time and without notice, for technical, security,
maintenance or power
failure reasons or any other reasonable cause.
Accordingly, Ampliffy does not guarantee the reliability, availability or continuity of the Website, the
content or
the services, so that the use of them by users is done at their own risk, and Ampliffy cannot be held
liable for any
loss or damage arising under or in connection with the use of, or inability to use the Website or
services or the
discontinuance or unavailability of the Website or services.
Ampliffy will not be held liable for any interruptions to such services, delays, errors, malfunctions
and, in
general, any other problems that originate from causes beyond the reasonable control of Ampliffy, and/or
due to
willful misconduct or fault of users and/or due to Force Majeure. Force Majeure is understood to include
all those
events beyond the reasonable control of Ampliffy, such as failures of third parties, operators or
service companies,
acts of government, lack of access to third-party networks, acts or omissions by public authorities,
those produced
as a result of natural disasters, power outages, and the attack by hackers or other third parties to the
security or
integrity of the system. In any case, whatever their cause to the extent permitted by the applicable
law, Ampliffy
shall have no liability whatsoever for any direct or indirect damages, consequential damages and/or loss
of profits.
To the extent permitted by the applicable law, Ampliffy excludes all liability for damages of any kind
that may
result from the lack of truthfulness, accuracy, completeness and/or timeliness of the content
transmitted, stored,
made available or received, obtained or accessed through the Website, nor for the content provided or
offered by
third parties or entities.
Ampliffy is not responsible for the content or information collected in the Website, nor for the users’
contributions or for those opinions, comments, insights or other communications that are not issued
directly by
Ampliffy.
Ampliffy undertakes to comply with the security legal obligations and to adopt all security measures
that are
mandatory under applicable law. However, Ampliffy cannot and does not warrant that internet
transmissions are
completely private or secure, that any information may not be read or intercepted by others, or that
there will not
be any viruses, other harmful elements in the content that may cause alterations in the computer systems
as well as
in documents or other systems stored therein. Correlatively Ampliffy cannot accept any liability
deriving therefrom.
Ampliffy excludes liability for the content or contributions that users send Ampliffy via the Website,
via email or
any other means, therefore, the users being liable for content or contributions sent by them. Similarly,
Ampliffy is
not liable for the use that users make of the content of the Website or their passwords, and any other
material
contained on the Website that potentially constitutes a violation of any regulations, national or
international, of
the rights of intellectual property or other rights of third parties. Similarly, Ampliffy will not be
held liable
for any possible security errors that may occur through the use of outdated versions of browsers, or for
any
consequences that may arise from malfunctions of browsers, either by improper configuration, computer
virus or any
other cause not directly related to Ampliffy.
8.- LINKS TO THIRD PARTY SITES (OUTBOUND LINKS):
The Website may include technical linking devices, directories, and even search tools that allow users
to access
other sites (“Linked Sites“) solely with the purpose to facilitate the search for and access to
information,
content, and services available on the Internet.
In the event that users consider that a Linked Site contains illegal or inappropriate content then they
should
promptly contact Ampliffy via email (legal@Ampliffy.com), indicating: (a) the name of the sender,
telephone number
and email address for responses; (b) a description of the facts that reveal the illegal or inappropriate
nature of
the Linked Site; and, (c) a confirmation that the information contained in the communication is an
accurate
statement. However, in no event will such a communication imply an automatic removal of such Linked
Site, nor does
it imply any actual knowledge by Ampliffy of the activities and/or contents specified by the sender.
Ampliffy
reserves the right to delete any link already published on the Website if the relevant Linked Site
undergoes any
change or when the content and/or services do not comply with the principles or provisions of these
Terms of Use or
with the current legislation.
In no event does the existence of Linked Sites deem the existence of agreements or any business
relationship between
Ampliffy and those who run, manage, are responsible for or owners of such Linked Sites, nor the support,
approval,
recommendation, promotion or identification of Ampliffy with the content or services offered by them.
Ampliffy (i) does not assume any responsibility for the content or services of other websites, and shall
not be held
liable for any losses or damages caused by the unlawfulness, quality, unavailability, error or use of
the content
and/or services of the Linked Sites nor for any other damage that is not directly attributable to
Ampliffy except
for that which may be set out herein; and (ii) does not guarantee the absence of viruses or other
similar elements
which may cause alterations in the users’ information systems (hardware and software), electronic
documents and/or
files. Ampliffy is not responsible for the results obtained through the Linked Sites. If users choose to
visit
and/or use any of the Linked Sites then they do so at their own risk and must take appropriate
protective measures
against viruses or other harmful elements.
9.- LINKS TO THE WEBSITE:
In the event that a third party links to any of Ampliffy’s Websites domain or subdomain names (or a
specific country
variant of such domain), Ampliffy may seek, at any time and without providing the reasons for the
request, the
removal of any link to the Website, after which the party responsible for such site should immediately
proceed to
the elimination of such inbound link.
The insertion of the link will in no event imply the existence of agreements or a relationship between
Ampliffy and
the relevant third party or the approval by Ampliffy of the content and services offered in the relevant
website.
10.- PRIVACY AND PROTECTION OF PERSONAL DATA:
Any personal data that users provide when using the Website or collected by Ampliffy will be processed
in accordance
with our Privacy Policy and our Cookies Policy.
Users must read and accept the Privacy Policy before providing personal data to Ampliffy. Likewise, the
user’s
consent will always be required before placing cookies and process User’s data by these means according
to our
Cookies Policy.
11.- CHANGES TO THESE TERMS OF USE AND TO THE WEBSITE:
Ampliffy reserves the right to amend the content of these Terms of Use from time to time to reflect
legal changes or
changes to the Website or the contents and services offered therein. Consequently, Ampliffy recommends
that users
read these conditions each time they access and use the Website to review the terms applicable at that
time. In this
sense, Ampliffy offers the Website service for a duration restricted to the moment in which users access
and connect
to the Website or to any other of service offered.
Ampliffy may update the Website and change the content, design, presentation and/or the configuration at
any time
without prior notice.
The name and logo of Ampliffy are registered trademarks of Ampliffy.
Last version June 2023.