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Terms Of Service Terms of Service –Terms and Conditions
By checking off the ‘I Accept Terms and Condition’ box during the order process, you acknowledge you have read, understood, and are agreeing to all the terms and conditions associated with our service.
Amarillo Digital Media, Inc., Inc. (“Amarillo Digital Media”) provides a website (http://www.amarillodigitalmedia.com.com) (the “Website”) and platform for the creation of mobile applications, tablet applications, and mobile website services (“App” or “Apps”), App development services, and Web Development services, as well as hosting and other ancillary services (collectively the “Services”). By using the Amarillo Digital Media, Inc. website or the Services, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). Any new features that modify the Website or the Services, including the release of new tools or resources, shall be subject to these Terms of Service.
Amarillo Digital Media, Inc. reserves the right to change the Terms of Service at any time. Continued use of the Website or other Services after such change shall constitute your consent to such changes and your agreement to be bound by the Terms of Service as modified. Violation of the Terms of Service will result in the termination of your Account with Amarillo Digital Media, Inc., and may result in damages to Amarillo Digital Media, Inc.Account Requirements
You may create an account with Amarillo Digital Media (“Account”) by signing up online and providing your full legal name, a valid email address, and other information requested by Amarillo Digital Media (“User Information”). The requirements for creating and maintain an Account are as follows:
- You must be 13 years or older to use this Services.
- You must be a human. Accounts registered using automated methods are prohibited.
- You must promptly notify Amarillo Digital Media of changes to your User Information.
- You must maintain the security of your account. Amarillo Digital Media cannot and will not be liable for any loss or damage from your failure to do so.
- You are responsible for all Content posted and activity that occurs under your Account, even if posted by others.
- You may not use the Website or Services for any illegal or unauthorized purpose, including violation of any laws in your jurisdiction (including without limitation intellectual property laws).
- Amarillo Digital Media will be the sole publisher of your App with including, but not limited to, Google Play for Android Devices and The Apple Store for iPhones and iPads.
Our Client Success Department is here to help, and we want your experience to be Fast, Friendly and Easy. You can reach us Monday through Friday by phone and by email at firstname.lastname@example.org. We will do everything in our power to respond to your needs as soon as possible, with after-hours messages received by our associates, we will respond within 4 - 24 hours depending upon severity.
Customer will pay us the fees set forth in the order form (“Native App Plans”). All Fees are due when order is place. All Fees are earned when received and are non-refundable.Cancellation Requests
You may submit your request to cancel your service by email to email@example.com.REFUND POLICY
TO BE FAIR TO EVERYONE, ALL APP SET UP, DESIGN AND BUILD FEES ALONG WITH MONTHLY AND/OR ANNUAL SUBSCRIPTION FEES ARE NOT REFUNDABLE OR PRORATED.Non-Payment
Amarillo Digital Media reserves the right to suspend or cancel your account from our platform due to non-payment. A $99 processing fee will be imposed to reinstate cancelled or suspended accounts upon Amarillo Digital Media approval.Services
Paid Services: Amarillo Digital Media makes available certain services for a fee, including Native App Builds and recurring monthly or annual Fees (“Paid Services”). Information on the scope of the Paid Services and pricing is available on the Amarillo Digital Media website.
All fees are exclusive of all taxes, levies, or duties, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Your initial payment all subsequent payments shall be made by credit card or PayPal account. Amarillo Digital Media will do it’s best to send your invoice at least ten (10) days in advance of your payment due date however it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Servicesfor the time period during which such Services were provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
There will be no refunds or credits.
Changes to Services: Amarillo Digital Media reserves the right at any time to modify, supplement or discontinue the Services (or any part thereof) or the Website at any time for any reason or no reason, including without limitation the scope of the Services provided or the price of the Services, with or without notice. From time to time, Amarillo Digital Media may issue updates to the Website or any Mobile Products, which may add, modify, and/or remove features or functionality. These updates may be made automatically with little or no notice. Amarillo Digital Media reserves the right to transfer all or any portion of the Services to another party, upon thirty (30) days written notice.Content and Content Ownership
For purposes of this section, the term “Content” means any discoveries, developments, concepts, designs, ideas, know how, improvements, inventions, trade secrets and/or original works of authorship, whether or not patentable, copyrightable, or otherwise legally protectable, of any kind or in any form. Without limiting the generality of the foregoing, Intellectual Property includes any program, source or object code, product, machine, algorithm, method, procedure, process, technique, use, equipment, device, apparatus, system, composition, design, configuration, script, text, typeface, story, concept, animation, drawing, graphic, image, photograph, sound effect, music, or audio or video recording, in any form whatsoever.Resubmission Fee
If your change falls under any one of these categories below, there will be charge of $99.00 for the rebuild of these categories and resubmission to the App Stores.
After your app goes live in the App Store and Google Play, there are some changes that require a full app update in order to take effect.
- App Information: The App Name, App Icon Name, App Keywords, App Category, Audio Background Play option, and App Rating all require an update to change.
- App Icon: The icon that appears in the App Store and the icon that appears on the device screen once installed require republishing in order to change. These are built into the app file, and for that reason, can't be altered without building and uploading an entirely new version.
- Screenshots: Screenshots cannot be altered once an app is live. Like the app name, keywords, etc., the screenshot field becomes un-editable as soon as the app is released.
- Splash Loading Screen: Like the app icon, the splash loading screens are built into the app file, and thus require a new app version and resubmission in order to change.
Amarillo Digital Media Content
Amarillo Digital Media reserves all right, title and interest in any and all Content owned, licensed or developed by Amarillo Digital Media or its agents, affiliates, or assigns, including without limitation Content included in a Mobile Product. You are not granted any right, title or interest in such Content. Conditional on your compliance with this Terms of Service and any other agreements between you and Amarillo Digital Media (including without limitation any payment obligations), Amarillo Digital Media hereby grants you a non-exclusive, royalty-free, fully paid up, perpetual, worldwide license to use, copy, publish, publicly perform or exhibit, display, sell, otherwise distribute, or sublicense (on the same terms set forth in this Paragraph), any Mobile Products created by you or created for you by Amarillo Digital Media or any reproduction thereof. The license granted in this Paragraph shall terminate upon the termination of your Account, or upon your failure to comply with these Terms of Service or any other agreement between you and Amarillo Digital Media.
User Supplied Content
Amarillo Digital Media does not claim any right, title or interest in content submitted by you in connection with the Website, the Services or any Mobile Product (“User Supplied Content”). You hereby grant Amarillo Digital Media an irrevocable, non-exclusive, transferable, royalty-free, full paid up, perpetual, worldwide license to use, access, adapt, modify, translate, exhibit, publish, publicly perform or display, copy, create derivative works or compilations from, sublicense (on the same terms set forth in this Paragraph), transmit, broadcast or otherwise exploit any User Supplied Content, or any reproduction or simulation thereof, in any form now existing or hereafter discovered, in connection with the Services, the Website or any Mobile Product, or for promotional and/or marketing purposes. This License shall survive the termination of your Account.
Amarillo Digital Media does not pre-screen User Supplied Content and is not responsible for such Content, which remains the sole responsibility of the user. You agree not to submit any content that is abusive, threatening, illegal, pornographic, obscene, offensive, libelous or defamatory, that violates any intellectual property rights of any person or entity, or that violates these Terms of Service or any other agreement between you and Amarillo Digital Media or any third party. Amarillo Digital Media may remove any Content that it determines, in its sole discretion, to be unsuitable from the Website or any Mobile Product, and may terminate your Account as a result of your supplying such content. Although Amarillo Digital Media reserves the right to remove offensive, obscene or unsuitable content from the Website or Mobile Products, users may nevertheless be exposed to such material, and use the Website and Mobile Products at their own risk.
Look and Feel of Service
The look and feel of the Service is Copyright Amarillo Digital Media, Inc. All rights reserved. You may not copy, transmit, broadcast, perform or exhibit, or otherwise use any portion of the HTML/CSS, visual design, graphics, design elements, or text in any form without express written permission from Amarillo Digital Media.User Misconduct
You agree not to engage in any of the following activities in connection with the Amarillo Digital Media website or the Services (“User Misconduct”):
- Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with any website or service offered by Amarillo Digital Media or its affiliates.
- Upload, post, host, or transmit unsolicited email, SMS, or “spam” messages.
- Transmit any viruses, worms or any other destructive or malicious code or programs.
Your engaging in any User Misconduct will result in immediate termination of your Account with Amarillo Digital Media.Cancellation and Termination
You are responsible for properly cancelling your Account. Account cancellation requests must be submitted in writing to support @ Amarillo Digital Media (dot) com. Cancellations by phone or sent to any other email address will not be considered valid. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. All of your User Supplied Content may be deleted by Amarillo Digital Media upon cancellation. This Content cannot be recovered once your Account is cancelled.
Amarillo Digital Media, in its sole discretion, reserves the right to refuse service to anyone and to suspend or terminate any Account for any reason or no reason at any time. Such termination will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all User Supplied Content in your Account.Further Assurances
You agree to promptly take all actions and execute all documents reasonably necessary to implement these Terms and Conditions and to allow Amarillo Digital Media to carry out the Services specified herein or in any other agreements between you and Amarillo Digital Media, as may be requested from time to time by Amarillo Digital Media.Disclaimers; Limitations on Liability
Your use of the WEBSITE or acceptance of the services is at your own risk. The website and the services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. YOU Assume the entire risk of defects in the website, the services, or any mobile product, and the entire cost of repair or replacement of any mobile product. Amarillo Digital Media SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES of non-infringement, merchantability and fitness for a particular purpose of the website, the services or any mobile product. In no event shall Amarillo Digital Media be liable for any damage whatsoever to you or to any third party arising out of the SERVICES, the WEBSITE, or any mobile product, including without limitation damages arising from the use or inability to use the services, website or any MOBILE PRODUCT, or CHANGES TO SERVICES, the website or any mobile product. Without limiting the generality of the foregoing, Amarillo Digital Media will not be liable for incidental or consequential damages of any kind, even if Amarillo Digital Media has been informed of the possibility thereof.
IN THE EVENT THAT Amarillo Digital Media IS, NEVERTHELESS, FOUND LIABLE TO you OR any third party for any claim related to this AGREEMENT, the services, the website, or any mobile product, Amarillo Digital Media ’s total liability SHALL BE LIMITED TO the price of the services paid by you IN THE twelve (12) months before such claim arose, OR, in the case of free services, $100. This Limitation of liability shall not limit liability for intentional, willful or GROSSLY NEGLIGENT conduct.Indemnification
You agree to defend, indemnify, and hold Amarillo Digital Media , its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Website, the Services or any Mobile Product; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Mobile Products. You agree to advance any expenses and/or costs associated with any such claim as incurred.
You and Amarillo Digital Media agree that any dispute arising out of or relating to these Terms of Service or to the relationship between you and Amarillo Digital Media (“Disputes”) will be settled by binding arbitration before the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Disputes of the AAA (“AAA Rules”) in effect at the time the Dispute arises; provided, however, that (i) you and Amarillo Digital Media retain the right to bring an action in small claims court in Tampa, Florida; and (ii) that neither you nor Amarillo Digital Media waives the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or other violation of a party’s intellectual property rights.
A party who seeks to initiate arbitration or other proceeding must provide notice to the other party at least five (5) business days before commencing such arbitration or proceeding, and attempt in good faith to resolve the Dispute without resort to such proceedings. If such negotiations do not resolve the Dispute, such party must provide the other party with a written Demand for Arbitration as provided in the AAA Rules. Any arbitration will be before either a retired judge or an attorney licensed to practice law in the state of Florida, who will be selected by the parties from the American Arbitration Association’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within five (5) business days of delivery of a Demand for Arbitration than the American Arbitration Association will appoint an arbitrator in accordance with the AAA Rules.
Any arbitration shall proceed in Tampa, Florida. If your claim does not exceed $10,000 the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, unless the arbitrator determines that a hearing is necessary. Any other claim will be determined in accordance with the AAA Rules. The arbitrator’s decision will be binding, and judgment thereon may be entered in any court having jurisdiction thereof. The arbitrator’s award for damages must be consistent with the Limitations on Liability set forth in these Terms of Service. Each party shall bear its own expenses in connection with any Dispute, including attorney’s fees, and shall bear one-half (1/2) of the arbitrator’s fees and costs; provided, however, that if the arbitrator determines that any party’s claim is frivolous, such party shall bear the entirety of the other party’s costs in connection with such Dispute (including without limitation expenses, attorney’s fees, and arbitrator’s fees and costs).
You expressly acknowledge and agree that you hereby waive your rights to pursue a class or representative proceeding or to participate in such a proceeding as a plaintiff, class member, or representative in any Dispute (whether in arbitration or otherwise). You further expressly acknowledge and agree that you hereby waive your right to a trial by jury in any Dispute.
Notwithstanding Amarillo Digital Media ’s right to modify these Terms of Service without notice, if Amarillo Digital Media changes this Section after the date you first accepted these Terms of Service (or any subsequent modifications), Amarillo Digital Media shall notify you of any changes to this Section. You may reject any such change by terminating your Account with Amarillo Digital Media within thirty (30) days of delivery of such notice.
This section shall survive the termination of your Account.General Provisions
You understand and acknowledge that Amarillo Digital Media uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
These Terms of Service or any other agreement between you and Amarillo Digital Media may not be modified by you, except in a writing signed by Amarillo Digital Media. The failure of Amarillo Digital Media to exercise or enforce any right under the Terms of Service or any other agreement between you and Amarillo Digital Media, or any delay in enforcing such right, shall not constitute a waiver of such right or provision. Any waiver of any right of Amarillo Digital Media must be in the form of a writing signed by Amarillo Digital Media.
These Terms of Service constitute the entire agreement between you and Amarillo Digital Media and govern your use of the Service, superseding any prior agreements, negotiations, representations or promises between you and Amarillo Digital Media (including, but not limited to, any prior versions of the Terms of Service); provided, however, that such Terms of Service may be supplemented by an express written agreement between you and Amarillo Digital Media signed by both parties.
The construction, performance, and enforcement of any Terms of Service and any other agreement between you and Amarillo Digital Media, and any relationship created hereby or thereby, shall be governed by the laws of the State of Florida, without respect to principles of conflicts of laws. Any lawsuits or other proceedings arising under your relationship with Amarillo Digital Media, created through these Terms of Service or otherwise (including without limitation proceedings to enter a judgment following arbitration), shall be brought in the state or federal courts located in Tampa, Florida; you submit to personal jurisdiction in such courts and agree that such courts are a convenient forum for a resolution of any disputes between you and Amarillo Digital Media.
These Terms of Service and any other agreements between you and Amarillo Digital Media are not intended to confer, and do not confer, any rights upon any third parties. You may not assign your rights under these Terms of Service or any such agreements to any third party under any circumstances, without the express written consent of Amarillo Digital Media.
If any provision of these Terms of Service or any other agreements between you and Amarillo Digital Media is deemed invalid or unenforceable, such provision shall be stricken, and remainder of the provisions in these Terms of Service or such other Agreement shall remain in full force and effect.Contact Us
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Last Update April 22, 2016