🤝 User Terms of Service
Last updated: September 17, 2019
Welcome to Amondo!
We’ve drafted these User Terms of Service (which we call the “User Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the User Terms, there are places where these User Terms may still read like a traditional contract. There’s a good reason for that: these User Terms do indeed form a legally binding contract between you and Amondo Ltd, a UK-registered limited company (“Amondo”). So please read them carefully.
Amondo makes available the “Site” (websites including, without limitation, www.amondo.com and all sub-domains), “Software” (software and mobile applications), and “Services” (including, without limitation, searching, filtering and curating rights-owned content, user generated content (“UGC”), combining and displaying this content online and managing interactions directly with users) to help people capture and share their live experiences. Access to and use of Amondo’s existing Site, Software and Services, as well as any future Sites, Software or Services provided by Amondo are governed by these User Terms.
ARBITRATION NOTICE: IF YOU’RE USING THE SERVICES ON BEHALF OF A BUSINESS, THEN YOUR BUSINESS WILL BE BOUND BY THE ARBITRATION CLAUSE THAT APPEARS LATER IN THESE USER TERMS.
1. Who can use the Services
No-one under 16 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
- you can form a binding contract with Amondo.
- you are not a person who is barred from receiving the Services under the laws of the United Kingdom, or any other applicable jurisdiction
- you will comply with these User Terms and all applicable local, state, national and international laws, rules and regulations.
2. Rights we grant you
Amondo grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these User Terms and our usage policies, such as our Community Guidelines, allow.
Any software that we provide you may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
3. Rights you grant us
Many of our Services let you create, upload, post, send, receive and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a licence to use that content. How broad that licence is depends on which Services you use and the settings you have selected.
We call Imprint submissions that are set to be viewable by Everyone, as well as content you submit to crowd-sourced Services, “Public Content”. For all content you submit to the Services other than Public Content, you grant Amondo and our business partners a worldwide, royalty-free, sublicensable and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute that content for as long as you use the Services. This licence is for the limited purpose of operating, developing, providing, promoting and improving the Services and researching and developing new ones.
Because Public Content is public by nature and records matters of public interest, the licence you grant us for this content is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a licence to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post or send Public Content, you also grant Amondo and our business partners the unrestricted, worldwide right and licence to use your name, likeness and voice. This means, among other things, that you will not be entitled to any compensation from Amondo or our business partners if your name, likeness or voice is conveyed through the Services, either on the Amondo application or on one of our business partners’ platforms.
We reserve the right to delete any content (i) which we think violates these User Terms or our Community Guidelines, or (ii) if necessary to comply with our legal obligations. However, you alone remain responsible for the content you create, upload, post, send or store through the Services.
The Services may contain advertisements. In consideration for Amondo letting you access and use the Services, you agree that we, Amondo, our business partners and our third-party partners may place advertising on the Services, including personalised advertising based upon the information you provide us or we collect or obtain about you. Because the Services contain content that you and other users provide us, advertising may sometimes appear near, between, over or in your content.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
4. The content of others
Much of the content on our Services is produced by users, publishers and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organisation that submitted it. Although Amondo reserves the right to review all content that appears on the Services and to remove any content that violates these User Terms, our Community Guidelines or the law, we do not necessarily review all of it.
Through these User Terms and our Community Guidelines, we make clear that we don't want the Services to be put to bad uses. But because we don't review all content, we cannot guarantee that content on the Services will always conform to our User Terms or Guidelines.
6. Respecting other people’s rights
Amondo respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual-property right;
- bullies, harasses or intimidates;
- spams or solicits our users.
You must also respect the rights of Amondo and its business partners. These User Terms do not grant you any right to do any of the following (or enable anyone else do so):
- use branding, logos, designs, photographs, videos or any other materials used in our Services;
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available or otherwise use any portion of the Services or the content on the Services except as authorised in these User Terms;
- use the Services, any tools provided by the Services or any content on the Services for any commercial purposes without our consent.
7. Respecting copyright
We respect copyright law. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Amondo becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact us at firstname.lastname@example.org
If you file a notice with our Copyright Agent, it must:
- contain the physical or electronic signature of a person authorised to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify 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 let us locate the material;
- provide your contact information, including your address, telephone number and an email address;
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law;
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
We try hard to keep our Services a safe place for all users, but we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
- you will not use the Services for any purpose that is illegal or prohibited in these User Terms.
- you will not use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract other users’ information.
- you will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
- you will not use the Services in a way that could interfere with, disrupt, affect negatively or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services.
- you will not use or attempt to use another user’s account, username or password without their permission.
- you will not solicit login credentials from another user.
- you will not post content that contains pornography, graphic violence, threats, hate speech or incitements to violence.
- you will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- you will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorised to access.
- you will not probe, scan or test the vulnerability of our Services or any system or network.
- you will not encourage or promote any activity that violates these User Terms.
- we also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use Amondo whilst you are driving. And never put yourself or others in harm’s way just to use Amondo.
10. Your account
You are responsible for any activity that occurs in your Amondo account, so it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
- you will not create more than 1 account for yourself.
- you will not create another account if we have already disabled your account, unless you have our written permission to do so.
- you will not buy, sell, rent or lease access to your Amondo account, Imprint, an Amondo username or a friend link without our written permission.
- you will not share your password.
- you will not log in or attempt to access the Services through unauthorised third-party applications or clients.
- if you think that someone has gained access to your account, please contact us at email@example.com immediately.
11. Data charges
You are responsible for any mobile charges that you may incur for using our Services, including text messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
12. Third-party Services
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. Amondo is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
13. Modifying the Services and termination
We’re relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products or functionalities and we may also suspend or stop the Services altogether. We may take any of these actions at any time and, when we do, we will try to notify you beforehand – but this won't always be possible.
Though we hope you remain a lifelong Amondo user, you can terminate these User Terms at any time and for any reason by deleting your account.
Amondo may also terminate these User Terms with you if you fail to comply with these User Terms, our Community Guidelines or the law, or for any reason outside of our control. And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these User Terms means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Regardless of who terminates these User Terms, both you and Amondo continue to be bound by Sections 3, 6, 9, 10 and 13-22 of the User Terms.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless Amondo, and our affiliates, directors, officers, stockholders, employees, licensors, suppliers and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these User Terms.
We try to keep the Services up and running and free of annoyances. But we cannot promise that we will always succeed.
The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including in particular implied warranties, conditions or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement or (ii) arising from a course of dealing. In addition, while Amondo attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error-free or timely; (b) the Services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
Amondo and their business partners take no responsibility and assume no liability for any content personally created by you that you, another user or a third party creates, uploads, posts, sends, receives or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading or otherwise inappropriate, none of which Amondo nor their affiliates will be responsible for.
Nothing in these User Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.
16. Limitation of liability
Amondo and our directors, shareholders, employees, licensors, suppliers and agents will not be liable for any indirect, incidental, special, consequential, punitive or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorised access, use or alteration of your content. In no event will Amondo or their affiliates’ aggregate liability for all claims relating to the Services exceed the greater of £100 GBP or the amount you paid Amondo in the last 12 months for any paid Services.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.
17. Dispute resolution and arbitration
If you have a concern, let’s talk. Go ahead and contact us first and we’ll do our best to resolve the issue.
Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.
If you are using the Services on behalf of a business (rather than for your personal use), you and Amondo agree that to the extent permitted by law, all claims and disputes between us arising out of or relating to these User Terms or the use of the Services will be finally settled under the LCIA Arbitration Rules, which are incorporated by reference into this clause. There will be one arbitrator (to be appointed by the LCIA), the arbitration will take place in London, and the arbitration will be conducted in English. If you do not wish to agree to this clause, you must not use the Services.
18. Exclusive venue
To the extent the parties are permitted under these User Terms to initiate litigation in a court, both you and Amondo agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the User Terms or the use of the Services will be litigated exclusively in the courts of England in the United Kingdom, unless this is prohibited by the laws of the country where you reside. You and Amondo consent to the exclusive jurisdiction of those courts.
19. Choice of law
The laws of England and Wales govern these User Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these User Terms or their subject matter. The courts in some countries may not apply the laws of England and Wales to some disputes related to these User Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.
If any provision of these User Terms is found unenforceable, then that provision will be severed from these User Terms and not affect the validity and enforceability of any remaining provisions.
21. Additional terms for specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be presented to you before you access the relevant Services, then become part of your agreement with us when you accept them. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
22. Final terms
- These User Terms make up the entire agreement between you and Amondo and supersede any prior agreements.
- These User Terms do not create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these User Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these User Terms without our consent.
Please also feel free to contact us if you have any questions about Amondo’s Acceptable Use Policy. You may contact us at firstname.lastname@example.org or at our mailing address below:
86-90 Paul Street