Terms of Service



Acceptance of Terms of Use


Amfibi.com ("Amfibi") provides its online services and Web Site to you, the User, subject to this Terms of Service Agreement ("TOS"). Amfibi reserves the right to alter the TOS at any time without notice to User. By using the Amfibi web site, located at the URL Amfibi.com, User agrees to abide by this TOS Agreement.


Online Services and Disclaimer of Warranty


The Amfibi web site provides online resources including, but not limited to, business contact information, logos, images, videos and detailed company descriptions. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on this web site is provided "as is", and all warranties, express or implied, are disclaimed, including, but not limited to, any implied warranties of merchantability, merchantability of any computer program or software, fitness for a particular purpose, accuracy of informational content, or system integration, or non-infringement. Amfibi assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the Amfibi web site.


Registration


Certain areas of the Amfibi web site are provided solely to registered Users of the web site. Any User registering for such services agrees to provide true and accurate information during the registration process. Amfibi reserves the right to terminate the access of such Users should Amfibi know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. All registered users must be of legal age to register. Children under the age of 18 shall not be permitted to register unless under the strict supervision of a legal guardian. Amfibi maintains strict online Privacy Policy and will not sell or give your information to other parties.


User account


Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify Amfibi should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Amfibi shall not be responsible for User's failure to abide by this Paragraph.


Informational content supplied by Users


User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Amfibi web site, or privately transmitted through the Amfibi web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Amfibi web site. Amfibi does not and cannot control the informational content Users transmit through the Amfibi web site. Under no circumstances shall Amfibi be held liable for User's exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Amfibi be held liable for any errors or omissions in any informational content transmitted by Users.


User conduct


User agrees to not use the Amfibi web site to:
- upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
- harm legal minors;
- collect personal information on, "cyberstalk" or harass another User, or engage in conduct that negatively affects the online experience of another User;
- impersonate another User, person, or entity, including any official or employee of Amfibi;
- intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
- upload, post or transmit any software or files that contain software viruses or other harmful computer code;
- interfere with the operation of Amfibi's web servers or other computers or Internet or network connections;
- upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
- upload, post or transmit and unsolicited or unauthorized advertising, including "spam" or "junk mail."

Amfibi does not pre-screen uploaded, posted or transmitted content, but Amfibi reserves the right to inspect, edit and delete any content that Amfibi knows, or has reason to know, has violated this TOS Agreement. Amfibi reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Amfibi may disclose any informational content Users post, upload or transmit to the Amfibi web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Amfibi, the public, or other Users.


Content submitted by Users


Amfibi does not claim ownership of any informational content submitted by Users to the Amfibi web site. User grants Amfibi a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Amfibi web site. This license exists even if User removes such content and will not terminate in the event that User removes such content.


Indemnity


You agree to indemnify and hold Amfibi, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.


No resale


User agrees not to reproduce, copy, duplicate, or sell any portion of the Amfibi web site.


Limits and modifications


Amfibi may establish without notice limits on the use of its web site, including the maximum number of times Users may modify claimed companies, or to the number of times Users may access the Amfibi web site. Amfibi reserves the right to modify any and all portions of the Amfibi web site without notice. Under no circumstances shall Amfibi be liable to User or any other party for such limits or modifications.


Termination of User account


Amfibi may, at its sole discretion, terminate the User's account for any reason. Under no circumstances shall Amfibi be liable to User or any other party for such termination of User's account.


Third party advertisers


Amfibi may allow third party advertisers to advertise on the Amfibi web site. Amfibi takes no responsibility for User's dealings with, including any online or other purchases from, any third party advertisers. Amfibi shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.

Furthermore, Amfibi is currently utilizing, or may in the future utilize, automatically targeted web advertising (such as Ads by Google) on its Amfibi web site. Such advertisements, while sometimes generated based on site content or user browsing history, are not under the direct control of Amfibi. Such advertising is generated dynamically by the advertising company and Amfibi takes no responsibility for its content or any damage incurred by User in dealings with such advertisers.


Content guidelines and hyperlink policy


The Amfibi.com site contains hyperlinks to other Internet sites not under the editorial control of Amfibi.com These hyperlinks are not express or implied endorsements or approvals by Amfibi.com, of any products, services or information available from these sites.

As the Site is opened and available for everybody, it is possible that users may submit a content that violates this policy. Amfibi.com is strongly against content belonging to categories listed in this section below and also against linking to such sites. Regular routine checks performed to eliminate non compliant content submitted maliciously by not responsible users who violate Terms of Service. User agrees to carefully check site before submission and avoid submitting sites that may be falling under any of categories below. Additionally user agrees to report any suspicious content directly to Amfibi.com. Amfibi.com agrees to do best possible effort to delete the content immediately but no longer then in 7 business days after reported.

- pornography, adult or mature content;
- violent content;
- content related to racial intolerance or advocacy against any individual, group or organisation;
- excessive profanity;
- hacking/cracking content;
- gambling or casino-related content;
- illicit drugs and drug paraphernalia content;
- sales of beer or hard alcohol;
- sales of tobacco or tobacco-related products;
- sales of prescription drugs;
- sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns);
- sales of products that are replicas or imitations of designer or other goods;
- s or distribution of coursework or student essays;
- content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails;
- any other content that is illegal, promotes illegal activity or infringes on the legal rights of others


Amfibi's intellectual property rights


User agrees not to distribute, license, or create derivative works from any of Amfibi's copyrighted or trademarked material, including graphic files and software, available on the Amfibi web site.


Third-party intellectual property rights


Use of any trademarks, brand names, service marks is for purely identification purposes only. Such usage should not be considered an endorsement of any product or service. Furthermore, such usage is not done for the purpose of sale of any produce or service, or competing product or service. If you are a rights holder and have concerns about the usage of any intellectual property on the Amfibi web site please contact us.


No warranties


The information and downloadable software provided on this web site is provided "as is" and all warranties, express or implied, are disclaimed, including, but not limited to, any implied warranties of merchantability, merchantability of any computer program or software, fitness for a particular purpose, accuracy of informational content, or system integration, or non-infringement.


Limitation of liability


Amfibi.com's maximum liability for any inacurate information or software and your sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by you for the information received (if any). Amfibi.com is not liable for any indirect, special, incidental, loss of business, loss of profits or consequential damages, whether based on breach of contract, breach of warranty, tort, negligence, product liability or otherwise, even if advised of the possibility of such damage. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this paragraph may not apply to you.


Notice


Notices may be posted to the Amfibi web site or e-mailed to Users using the e-mail address Users submitted during the registration process.


General


This TOS Agreement constitutes the entire agreement between you and Amfibi and governs your use of the Amfibi web site. The failure of Amfibi to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.