Terms and Conditions
Welcome to Ameeba (“Ameeba”, “we”, “us”, or “our”). These terms and conditions (the “Terms”) govern your use of Ameeba and all of the products and services offered by Ameeba (the “Services”). By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Services.
We reserve the right to update and change these Terms from time to time without notice. Any new features or updates to the Services shall be subject to these Terms. You are responsible for reviewing these Terms periodically to stay informed of any updates. Your continued use of the Services after any changes to these Terms constitutes your acceptance of the updated Terms.
You can print a copy of this agreement for future reference.
1. ACCESS TO THE SERVICES
In order to use the Services, you must create a Ameeba account (“Account”). You must be at least 13 years old to create an Account and use the Services. By creating an Account and using the Services, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into a binding contract. You are responsible for maintaining the confidentiality of your Account login information, including your username and password.
You are also responsible for all activity that occurs under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security.
We reserve the right to terminate your Account at any time, for any reason, without notice.
3. USER CONDUCT
You are solely responsible for all content and activity that occurs under your Account. You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by any third party.
You agree not to engage in any of the following prohibited activities:
- Using the Services for any illegal or unauthorized purpose;
- Tampering with, or altering the Services in any way;
- Using the Services to transmit any viruses or other harmful code;
- Using the Services to transmit any unsolicited or unauthorized advertising or promotional materials;
- Using the Services to engage in any discriminatory, harassing, or malicious behavior;
- Using the Services to collect or store any personally identifiable information of other users without their consent;
- Using the Services to engage in any other conduct that we, in our sole discretion, believe is inappropriate or unacceptable.
We reserve the right to investigate and take appropriate action, including termination of your Account, if we believe you are engaging in any of the above prohibited activities.
4. INTELLECTUAL PROPERTY
The Services and all content and materials included on the Services, including but not limited to text, graphics, logos, images, and software, are the property of Ameeba or our licensors and are protected by copyright and other intellectual property laws. You may not use any content or materials on the Services for any commercial purpose.
5. LIMITATION OF LIABILITY
Ameeba and its affiliates, officers, employees, agents, and licensors will not be liable for any damages of any kind, including but not limited to direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the use of the Services, the content and materials on the Services, or any products or services purchased through the Services. This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory.
You agree to indemnify and hold Ameeba and its affiliates, officers, employees, agents, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.
We reserve the right to terminate or suspend your access to the Services at any time, for any reason, without notice. Upon termination, you lose access to the Services and any content or materials that you have stored on the Services.
8. GOVERNING LAW
These Terms and your use of the Services will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
9. DISPUTE RESOLUTION
Any dispute arising out of or in connection with these Terms or the Services will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California.
These Terms constitute the entire agreement between you and Ameeba and govern your use of the Services, superseding any prior agreements between you and Ameeba. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Ameeba Services, affiliate services, or third-party content or services.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions will remain in full force and effect.
The failure of Ameeba to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.