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Mar-1-2007

Terms of Usage

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AMPOLO.COM LLC
Terms of Use
Effective Date: June 18, 2007
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (”TOU”) BEFORE USING THE WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. Ampolo.com LLC (”Company” or “we,” “our,” or “us”) own and control this Web Sites (the “Web Site”). THESE TOU GOVERN YOUR USE OF THE WEB SITE. These TOU only apply to the Web Site, and not to any other web site (including web sites to which the Web Site may be linked, none of which are affiliated with the Company and may have their own separate terms of use as further provided in Paragraph 4 of these TOU) or any offline activities by Company (unless specifically stated). You agree to these TOU by accessing or using the Web Site, registering for services offered on the Web Site, or by accepting, uploading, submitting or downloading any information, ideas or content from or to the Web Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE WEB SITE.
Table of Contents
1. Acceptance of Terms
2. Description of Web Site Services
3. Intellectual Property Ownership; License
4. Links To Other Web Sites
5. Our Linking Policy
6. Acceptable Use
7. User Accounts, Additional Terms & End User License Agreements
8. Software
9. Copyrights & Copyright Agents
10. Third Party Content and Information
11. Information You Submit
12. Disclaimer of Warranties
13. Disclaimers/Limitation of Liability
14. Indemnity
15. Governing Law
16. Jurisdiction & Venue
17. Miscellaneous
18. Termination
19. Contact Us
20. Privacy Policy

1. Acceptance of Terms
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Your use of the Web Site is subject to these TOU, which may be updated by us from time to time without notice to you. It is important for you to refer to these TOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOU. Your use of the Web Site constitutes your acceptance of these TOU.
2. Description of Web Site Services
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The Web Site currently provide users with access to a rich collection of online resources, including various communications tools, interactive exchange of ideas and entertainment, video presentations, online forums, and personalized content. Unless explicitly stated otherwise, any new features that augment or enhance the Web Site, including the release of new or specialized Company web-based services, are subject to these TOU. In some instances, these TOU and a separate end user license or similar agreement will apply to a service or product offered by Company and/or the Web Site. We may add, change, remove, suspend or discontinue any aspect of the Web Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the Web Site without notice or liability. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
3. Intellectual Property Ownership; License
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The past, present and future Web Site content involving the Company, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Site, including without limitation, the “look and feel” of the Web Site (collectively, “Company Content”) are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Company. The Company Content is distinct from the ideas submitted by the Company and all other users of the Web Site, in whatever form such ideas are in fact submitted, including, without limitation, by means of graphics, text, images, audio, videos, designs or compilations, as well as commentary, anecdotal information and message exchanges submitted by the Company and any other users of the Web Site with respect to any ideas (collectively, the “Creative Content”). Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Company Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Web Site. Copying, archiving or storing any part of the Web Site for a purpose that is not permitted by these TOU is expressly prohibited without prior written permission from Company. Conversely, none of the Company or any user of the Web Site will have any copyrights or other proprietary (including, but not limited to, intellectual property) rights of any kind in and to the Creative Content all of which is expressly intended to be within the public domain. Accordingly, the copying, reproduction, rearrangement, distribution, redistribution, modification, downloading, free exchange, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Creative Content, is expressly permitted. You acknowledge and agree, each and every time you submit or augment Creative Content, that you release any and all proprietary rights to said Creative Content, all of which instantly becomes a part of the public domain. The sales, leasing, renting, or exchange of Creative Content for cash or other consideration is expressly prohibited.
Subject to your strict compliance with these TOU, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download - view, use and/or play a single copy of the Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Company Content or any copy you may make of the Company Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Web Site’ software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web Site create to generate its web pages; or any software or other products or processes accessible through the Web Site; and (iii) do not insert any code or product to manipulate the Company Content in any way that affects any user’s experience.
4. Links To Other Web Sites
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The Web Site may contain hyperlinks to other web sites (”Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Web Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Web Site. Company may not have knowledge of, and is not responsible for, the content presented by any Other Site. As such, Company does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Company of any Other Site(s) or resources, or their content. The Web Site is only providing these links to you as a convenience.
5. Our Linking Policy
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Any web site that links to the Web Site: (a) must not frame or create a browser or border environment around any of the Company Content of the Web Site; (b) may link to, but not replicate, the Company Content; (c) must not imply that Company or the Web Site are endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about Company or its products or services; (e) must not use any Company trademarks, service marks or logos without the prior written permission from Company; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of the Web Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these TOU, we reserve the right to deny permission to link to the Web Site for any reason in our sole and absolute discretion.
6. Acceptable Use
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You will not use the Web Site to:
1. Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Company), anything that adversely affects Company business such as discouraging any person or entity from advertising with, linking to or supplying the Company or the Web Site, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company’s sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Web Site, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Site; (v) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation; or (vi) information or material of any kind that encourages, promotes, solicits or commits conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
4. Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
5. Use or attempt to use another’s information, account, password, service or system except as expressly permitted;
6. Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.
You represent, warrant and agree that you will comply with the above acceptable use policy.
7. User Accounts, Additional Terms, and End User License Agreements
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Registration is required for the use of certain portions of the Web Site (e.g., the submission of ideas and commentary on ideas). In some instances, these TOU and separate end user license agreements or terms of use that set forth additional conditions may apply to a service or product offered via the Web Site. To the extent there is a conflict between these TOU and the terms of any applicable end user license or similar agreement, the end user license or similar agreement will control, unless the additional conditions expressly state that these TOU will control. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these TOU will control. Registration data and certain other information about you are subject to the privacy policy posted at the Web Site on which you are providing your registration information. Please read that privacy policy for information on how your data will be handled.
If you choose to provide information or ideas to the Web Site, you agree to provide only true, accurate, current and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access any password-protected portion of the Web Site using your name, user name or password in whole or in part.
8. Software
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Any software that we make available for download or use from the Web Site and/or our servers (the “Software”) is the copyrighted work of Company or its licensors or suppliers. Your use of the Software may be governed by the terms of an end user license agreement that accompanies or is included with the Software (the “License Agreement”). Please carefully read the License Agreement and Paragraph 7 above to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
9. Copyrights and Copyright Agents
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These TOU provide that your submission of ideas or commentary, etc. that augments any ideas previously submitted is not entitled to copyright or intellectual property protection of any kind. If, however, you believe that your work has been copied and posted to the Web Site by a third party in a way that constitutes copyright infringement, please provide Company with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

10. Third Party Content and Information
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The Web Site contains Creative Content that is provided for your convenience and enjoyment. The seminal purpose of the Web Site is to provide third parties, in addition to the Company, with a forum in which to provide Creative Content. You should be aware that the Creative Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Creative Content may be subject to terms and conditions, which may be found on the Web Site or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Creative Content and will not be liable for any lack of the foregoing. You may be encouraged to “take an idea and run with it…” but none of the Company or any third party can be held responsible for any consequences of your initiative. In addition, third party advertisers may offer goods, services and other materials to you on the Web Site. Your correspondence and business dealings with others found on or through the Web Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products and services on the Web Site. Under certain circumstances, we may permit third party users to upload Creative Content, in which event you may be exposed to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within the Web Site do not imply endorsement of that product, service or publication.
11. Information You Submit
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The Web Site offers you the opportunity to upload Creative Content in the form of information, data, software, messages, photographs, audio, video, text and other materials to the Web Site. In addition, the Web Site may offer forums, bulletin boards, wiki, chat rooms or other interactive areas (”User Forums”). Company, its members, managers, employees, or other representatives do not endorse the content posted in User Forums. Company reserves the right, but is not obligated, to delete, move or edit your Creative Content and User Forum submissions for any reason in their sole discretion. Company reserves the right to suspend or terminate your access to the Web Site and pursue all legal remedies if we believe your Creative Content infringes another’s copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for your Creative Content, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in your Creative Content.
All of your Creative Content is your sole responsibility. This means that you, and not Company, are entirely responsible for all of your Creative Content that you upload, post, e-mail, transmit or otherwise make available via the Web Site. If you post personal information in User Forums or on other publicly available areas of the Web Site then you may receive unsolicited messages from third parties. Company cannot ensure the security of any information you post on publicly available areas of the Web Site. Under no circumstances will we be liable in any way for any of your Creative Content or User Forum submissions, including, but not limited to, any errors or omissions, or for any loss or damage of any kind incurred as a result of your Creative Content or User Forum submissions. You represent that your Creative Content is an original work by you or you have all necessary rights in it and to submit it to Company under the terms of these TOU; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of the TOU or any User Agreement.
Except as otherwise described in the posted privacy policy or other agreement on the Web Site at which you provide your Creative Content, your Creative Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. When you upload your Creative Content via the Web Site, you irrevocably grant to Company, and all other users of the Web Site, a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in your Creative Content. You further agree that Company, and all other users of the Web Site, will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of your Creative Content or portions of your Creative Content, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such Uploaded Information. You hereby waive any moral rights you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Company is not obligated to use your Creative Content submitted through the Web Site or otherwise, and may alternatively choose to discard, and limit or block access to your Creative Content without any liability whatsoever.
You acknowledge that the Web Site, through Company, undertakes no obligation to pre-screen your Creative Content or User Forum submissions, but that it has the right, in its sole discretion to modify, transmit over various networks, refuse, move, block access to or remove any of your Creative Content or User Forum submissions. You agree that you must evaluate, and bear all risks associated with, the use of any of your Creative Content or User Forum submissions including, but not limited to, any reliance on the accuracy, completeness, or usefulness of your Creative Content or User Forum submissions. Since Company may not pre-screen user generated content, you may bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in your Creative Content or User Forum submissions.
12. Disclaimer of Warranties
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THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE CREATIVE CONTENT, MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT. FURTHER, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
13. Disclaimers/Limitation of Liability
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YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITE, THE CREATIVE CONTENT, OR COMPANY CONTENT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE, CREATIVE CONTENT OR COMPANY CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE). IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THE WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, CREATIVE CONTENT, COMPANY CONTENT OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR CREATIVE CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING ANY OF THE WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
14. Indemnity
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You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective owners, directors, managers, officers and employees from and against any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, arising out of or in connection with these TOU, including, without limitation: (a) your use of the Web Site; (b) your violation of these TOU or any law, rule or regulation; (c) your use of the Creative Content; or (d) Your submissions to any User Forums. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without Company’s prior written approval.
15. Governing Law
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THESE TOU AND THE INTERPRETATION OF THESE TOU SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
16. Jurisdiction and Venue
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You waive all rights to trial by jury in any action or proceeding instituted in connection with these TOU and/or the Web Site. Any controversy or claim arising out of or relating to these TOU and/or the Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Illinois, in the City of Chicago, County of Cook, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 16 of these TOU and/or for entering any judgment on an arbitration award, shall take place in the State of Illinois, in the City of Chicago, County of Cook. You waive the defense of forum non conveniens.
17. Miscellaneous
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You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site and the Content, including, without limitation, those governing your transmission or use of any software or data. These TOU and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Web Site, the Creative Content, the Company and Your submissions to and use of the User Forums and supersedes any and all other prior written or oral agreements between them. The section titles in these TOU are for your convenience only and do not have any legal or contractual effect. You agree that these TOU will not be construed against Company by virtue of having drafted these TOU. If any provision of these TOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these TOU. No waiver on the part of Company of any of these TOU will be of any force or effect unless made in writing and signed by a duly authorized officer of Company.
19. Termination
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You understand and agree that Company will determine your compliance with these TOU in its sole discretion. Company reserves the right to deny access to all or part of the Web Site and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these TOU may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.
20. Privacy Policy
A. Types of Information that may be Collected
The following are the types of information we may collect:
Web Site Usage Information & IP Address
We may receive and store certain types of web site usage information whenever you visit the Web Site. For example, we may collect the page served, the time, the source of the request, the type of browser making the request, the preceding page view, other similar information and your IP address. An IP address is a number that is automatically assigned to your computer whenever you access the Internet, and our computers identify your computer by its IP address. We may associate your IP address with the personal information you provide. When analyzed, web site usage information helps us determine how visitors arrive at the Web Sites, what type of content is most popular, and what type of visitors are interested in particular kinds of content and advertising.
Information You Provide Us
We may ask you to provide us with two types of information: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, and physical address; and (2) demographic information, such as gender, zip code, or similar information. We may collect this information at various places and forms on the Web Site, including registration forms for newsletters and other e-mail communications, when you communicate or otherwise interact with us, contests or sweepstakes, surveys or voting or when you purchase a product or service through the Web Site. You may also be asked to choose a user name and password in order to identify yourself during future visits to the Web Site. Do not use your real name or the name of any other actual person as your user name. Providing us with information about yourself is your choice, and you can always choose not to provide certain information, but then you may not be able to take advantage of some of the Web Site’s features, such as User Forums and Creative Content.
For your convenience, if you register with our Web Site through which you create a user name and password, that user name and password may work on the other Web Site where user names and passwords are utilized. The personal information you provide and any additional information we collect about you may be used by us and across all of the Web Site.
Information from Other Sources
We may receive information about you from other sources; for example, we may obtain geographic or demographic information, or information regarding your possible interests, from third parties, or we may receive information from a marketing partner in connection with a co-branded web site or promotion. We may combine the information we receive from those other sources with information we collect through the Web Site. In those cases, we will apply this Privacy Policy to any personal information received, unless otherwise specifically disclosed by us at the time you provide your personal information.
E-mail A Friend
If you send a friend an e-mail from the Web Site, the information you provide (names and e-mail addresses) is used on a one-time basis to facilitate the communication and is not used for any other marketing purpose, unless we obtain additional consent.
B. HOW INFORMATION MAY BE COLLECTED
Cookies
The Web Site may use standard technology called “cookies,” which are small data files that are transferred to your computer when you visit the Web Site and allow your browser to accept cookies. Cookies automatically identify your web browser to the Web Site whenever you visit the Web Site, and may make navigating and using the Web Site easier for you. Also, by tracking how and when you use the Web Site, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Web Site are based on data obtained from cookies. Additionally, accepting cookies may allow you to, among other things, personalize your experience on the Web Site. Cookies may also allow the Web Site to present to you advertising that may be of interest to you as well as limit how often you see certain ads that may detract from your user experience on our Web Site. If you do not want to allow information to be collected through the use of cookies, you can generally opt out of providing this information by setting your browser to reject cookies. However, please be aware that some areas of the Web Site may not provide you with an acceptable user experience if you have disabled the use of cookies.
Web Beacons
The Web Site and any e-mails sent by the Web Site may contain electronic images (generally, single-pixel “.gif” images) called “web beacons.” These web beacons allow Company and third parties to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Company’s use of web beacons on its Web Site, include, without limitation, the following:
• counting unique users (actually, unique web browsers), visits and page views.
• monitoring traffic and conversion patterns through our various product and service offerings on the Web Site. For example, web beacons may be integrated into a merchandise product page as well as the subsequent shopping cart, transaction and verification pages.
• personalizing your experience when you visit the Web Site, including the advertising and content you see.
• determining whether or not e-mail messages were opened, links were clicked or notifications/offers were acted upon.
C. HOW WE USE THE INFORMATION COLLECTED
The information you provide to us may be used to:
• Send you newsletters and/or other e-mail communications for which you have registered;
• Contact you about the Web Site, including, without limitation, in our discretion to notify you of changes to these TOU, or other policies that affect your use of the Web Site;
• Confirm or fulfill an order you have made;
• Provide special offers or promotional materials to you on behalf of us or third parties;
• Contact you with regard to a sweepstakes, contest or promotion in which you have participated;
• Authorize a purchase or complete a transaction that you have requested, i.e., to deliver the products or other services that you ordered, and, if necessary, to invoice you;
• Monitor or improve the Web Site;
• Administer the Web Site’s systems and for other internal business purposes;
• Customize the advertising and content you see;
• Comply with and monitor compliance these TOU and other applicable agreements and polices; and
• For other purposes disclosed when you provide your information.
Moreover, if you submit to Company and/or the Web Site Creative Content, User Forum submissions, comments, photographs, videos, music, text or other content, it maybe published online or offline (including on-air, on a CD or DVD, through wireless distribution, and transmission of soft copies, or any other media or format currently existing or hereafter developed), and we may publish your name, voice, likeness and other personal information in connection with publishing the content or a portion of the content, and we may use the content and any excerpt from the content in connection with advertising, marketing, publicity and promotional activities. Please also see “Information You Submit” in Section 11 that governs any content you submit through the Web Site, including Creative Content and User Forum submissions.
Please note that information submitted to the Web Site via a “contact us,” “help” or other similar e-mail address or form will not necessarily receive a response. We will not use the information provided to these e-mail addresses or forms to contact you for marketing purposes unrelated to your request.
D. THIRD-PARTY AD SERVING & AUDIENCE AND TRAFFIC MEASUREMENT SERVICES
The Web Site may use third party network advertisers to serve advertisements on the Web Site and may use a traffic measurement service to analyze traffic on the Web Site. Network advertisers are third parties that display advertisements based on your visits to the Web Site and other web sites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. Although advertisers and other companies do not have access to cookies set by the Web Site, the Web Site’s third party ad network providers, the advertisers, the sponsors, and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have cookies enabled in your browser. These third party cookies are set to, among other things, help deliver advertisements to you that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements are to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies and web beacons are governed by each third party’s specific privacy policy, not this one. While we may use a variety of companies to serve advertisements on the Web Site, you may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding the “opt-out” procedures of certain third party ad servers we may use
E. WITH WHOM INFORMATION MAY BE SHARED
The following outlines the ways in which your information may be shared with others:

Third parties providing services on our behalf
We employ third parties to perform functions on our behalf; examples include hosting or operating Web Site, fulfilling orders for products and services purchased through the Web Site, sending e-mail, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on the Web Site’s behalf.
Non-Personal Information
We may share non-personal information, such as aggregate user statistics, demographic information, and web site usage information with third parties.
When You Agree To Receive Information From Third Parties
You may be presented with an opportunity to receive information and/or marketing offers from third party(s). If you do not agree to have your personal information shared, your personal information will not be shared with such third party(s) for direct marketing purposes. If you do agree to have your personal information shared, your personal information will be disclosed to such third party(s) and all information you disclose will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy policies and practices of such third party(s) and, therefore, you should review the privacy policies and practices of such third party(s) prior to agreeing to receive such information from third party(s). If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.
Sweepstakes, Contests and Promotions
We may offer sweepstakes, contests, and other promotions through the Web Site that may require registration. If you choose to enter a sweepstakes, contest or other promotion, your personal information may be disclosed to third parties in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion.
Business Transfers
Company shares the information collected through the Web Site with and among the Web Site, and may share the information with its affiliates. Company or any of it assets, including the Web Site, may be sold, or other transactions may occur in which your personal information is one of the key business assets for the transaction. In such a case, your personal information may be one of the business assets we transfer. Hence, Company reserves the right to disclose and transfer user information, including personal information, in connection with a merger, consolidation, equity investment by a new investor, restructuring, the sale of substantially all of our assets, or other capital change.
Legal Protections and Law Enforcement
We may disclose information about our users, including your personal information, in the event we are required to respond to subpoenas, court orders, legal process or other valid law enforcement measures; to comply with a legal obligation; at the request of governmental authorities conducting an investigation; to verify or enforce compliance with these TOU and applicable laws; or to protect the legal rights, interests, or safety of the Web Site, our users or others. We may also use IP addresses to identify users, and may do so in cooperation with copyright owners, internet service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.
F. CORRECTING/UPDATING PERSONAL INFORMATION
The Web Site may contain web pages through which you can change your e-mail subscriptions or correct or update the personal information you have provided to us through registration with the Web Site. With regard to e-mail subscriptions, you also may cancel or modify your e-mail subscriptions by following the instructions contained within an e-mail.
G. USER FORUMS
The Web Site may make User Forums available to its users (See Section 11 above). If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in an User Forum. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas. Your use of chat rooms, forums and message boards is subject to these TOU.
H. THIRD PARTY CONTENT AND LINKS TO OTHER WEB SITES
When you are on the Web Site you may be directed to other sites that are operated and controlled by third parties that are beyond our control. For example, if you “click” on a banner advertisement, the “click” may take you off the Web Site onto a different web site. This includes links from advertisers, sponsors and partners that may use the Web Site’s logo as part of a co-branding agreement. These other may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a web site that is linked from our Web Site, you should consult that web site’s privacy policy before providing any personal information.
I. CONSENT TO TRANSFER
The Web Site is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Web Site or providing us with your information, you consent to this transfer.
J. SECURITY
Company incorporates reasonable safeguards to help protect and secure your personal information. However, no data transmission over the Internet or electronic storage of information can be guaranteed to be 100% secure. Please note that Company cannot ensure or warrant the security of any information you transmit to Company via its Web Site, and you do so at your own risk.
K. A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
The Web Site is a general audience web site. We do not knowingly collect any personal information from children younger than the age of thirteen (13) on the Web Site and we will delete any information later determined to be from a user younger than thirteen (13).

Sorry these TOU are somewhat long, but they are intended to protect you, other visitors, and Ampolo.

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