Welcome to Amiglia! We love families who stick together and photography and
for the most part this site is all about photos and sharing
them with your nuclear and extended family. For the protection
of our partners, suppliers, you and us, however, the Terms
of Use of Amiglia.com are very important.
Amiglia Inc., the owner and operator of Amiglia.com, and its
affiliates and suppliers (collectively "Amiglia")
provide their media hosting and related services (the "Services")
to you subject to the following conditions. If you visit or
purchase at Amiglia.com, you accept these terms and conditions.
SUBSCRIPTIONS
The current
BETA is free of charge. We're working out pricing models and will update the
Terms of Use accordingly.
Amiglia reserves the right to modify or add additional fees and billing terms,
upon prior notice to the member on our website. Amiglia may change the Services it offers at any time.
Subscribers must keep their registered email addresses and other account
information current, as Amiglia may send important notices to that email
account.
TERMINATION
Amiglia agrees to terminate your account at any time upon notice from you, at
support@amiglia.com.
Amiglia may terminate your account or your access to and use of the Services,
with or without cause at any time and effective immediately, at Amiglia's sole
discretion, for any reason, including but not limited to your failure to
conform with these Terms. If you violate these Terms, Amiglia, in its sole
discretion, may also elect to require you to remedy any violation of these
Terms, and/or take any other actions that Amiglia deems appropriate to enforce
its rights and pursue all available remedies.
Upon your termination of your account, you will be given a chance to request a
paid DVD or CD backup of all of your photos and their tags, or request a paid
slideshow with the photos you uploaded to Amiglia.
PRIVACY
Amiglia has established a
Privacy
Policy to explain to you how your information is collected
and used. Your use of the Amiglia website or the Services
signifies acknowledgement of and agreement to our Privacy
Policy.
If you reside anywhere outside the United States, you understand and agree that
Amiglia stores and processes your information on computers located in the
United States, and by providing any data to Amiglia, you consent to the
transfer of such information to the United States.
You acknowledge and agree that Amiglia may disclose your personal information
if required to do so by law or in the good faith belief that such disclosure is
reasonably necessary to comply with legal process, to carry out these Terms, or
to protect the rights, property, or personal safety of Amiglia, its employees,
users and third parties, and the public. Amiglia will not disclose your
personal information for commercial purposes.
ELECTRONIC COMMUNICATIONS
When you visit Amiglia.com, or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail to your registered email
address or by posting notices on the Amiglia.com site. You agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, icons,
images, photographs, satellite and road maps, audio clips, video clips, digital
downloads, data compilations, and software, is the property of Amiglia, or its
subscribers who upload photographs or other media, or its content and software
suppliers and is protected by United States and international copyright laws.
Amiglia's selection, coordination and arrangement of all content on this site
is the exclusive property of Amiglia, and is protected as a compilation by U.S.
and international copyright laws. All software used on this site or in
conjunction with the Services is the property of Amiglia or its software
suppliers and is protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
Amiglia grants you a limited license to access and make personal use of this
site but not to download (other than page caching) or modify it or any portion
of it, except with the express written consent of Amiglia, inc. This license
does not include any resale or commercial use of this site or its contents.
This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Amiglia, inc. Contact us at
support@amiglia.com to make arrangements for
such use. Any unauthorized use terminates the permission or license granted by
Amiglia.
You are granted a limited, revocable, and nonexclusive right to create
hyperlinks to Amiglia pages so long as the links do not portray Amiglia or its
suppliers or their products or services in a false or misleading manner.
ACCOUNT SECURITY
If you subscribe to Amiglia's hosting service, you are responsible for
maintaining the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. You further agree to
immediately notify Amiglia of any unauthorized use of your account or any other
breach of security known to you.
Amiglia uses industry standard security measures to protect the loss, misuse
and alteration of the information under our control. Although we make good
faith efforts to store the non-public information collected by the Amiglia
website in a secure operating environment that is not available to the public,
we cannot guarantee complete security. Further, while we make every effort to
ensure the integrity and security of our network and systems, we cannot
guarantee that our security measures will prevent third-party
"hackers" from illegally accessing our site.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Use of the Services by you is subject to all applicable local, state, national
and international laws and regulations. You may post reviews, comments,
suggestions, bugs, ideas, questions, or other information (collectively
"Content"), so long as the Content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable and
does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of
"spam." Amiglia reserves the right (but not the obligation) to remove
or edit Content, but does not regularly review posted Content.
LICENSE GRANTED BY USERS
Amiglia does not claim ownership in the photographs, videos or other media
created or uploaded by Subscribers ("Media"). Amiglia will not resell
Media to third parties. Unless we indicate otherwise, if you upload Content,
including any Media, to the Amiglia site, you grant Amiglia a nonexclusive,
royalty-free right to publish, distribute and display the Content as we deem
appropriate in providing the Services authorized or requested by you, including
the right to use the name that is submitted in connection with such Content.
You further understand and agree that, in order to help ensure smooth operation
of our system, we may keep backup copies of Content indefinitely.
You represent and warrant that you own or otherwise control all of the rights
to the Content (including without limitation Media) that you post; that use of
the Content you supply does not violate these Terms of Use and will not cause
injury to any person or entity; and that you will indemnify Amiglia for all
claims resulting from Content you supply. Amiglia has the right but not the
obligation to monitor and edit or remove any activity or Content. You
understand and agree that Amiglia takes no responsibility and assumes no
liability for any Content posted by you or any third party.
COPYRIGHT COMPLAINTS
Amiglia respects the intellectual property rights of others.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact Amiglia's
agent for notice of claims of copyright or other intellectual
property infringement ("Agent"), at
support@Amiglia.com.
Please provide our Agent with the following Notice:
(1) Identify the copyrighted work or other intellectual property that you claim
has been infringed;
(2) Identify the material on the Amiglia site that you claim is infringing,
with enough detail so that we may locate it on the website;
(3) A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
(4) A statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner;
(5) Your address, telephone number, and email address; and
(6) Your physical or electronic signature.
Amiglia's Agent will forward this information to the alleged infringer.
NUDITY
Amiglia must remain a safe site for families with children, so we prohibit the
uploading and display of photographs or other Media portraying explicit nudity
that would be unacceptable in a public museum where minors visit, for example.
If your photos would only be suited for adult sites, adult magazines, or
R-rated movies, they are not suitable for Amiglia. Judgment of suitable Media
is the sole discretion of Amiglia, and Amiglia reserves the right to delete any
photographs or other Media it deems to violate this policy and/or to cancel the
account of any subscriber who posts photos or other Media violating this
policy.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Amiglia on an "as is" and "as available" basis.
Amiglia makes no representations or warranties of any kind, express or implied,
as to the operation of this site or the information, content, materials,
product descriptions, products or services included on this site. You expressly
agree that your use of this site is at your sole risk.
To the full
extent permissible by applicable law, Amiglia disclaims all warranties, express
or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose. To the fullest extent
permitted by law, Amiglia disclaims any warranties for the security,
reliability, timeliness, accuracy, and performance of its website and the
Services, and does not warrant that the product descriptions or other content
on its website are accurate, complete, reliable, current or error-free or that
this site, its servers, or e-mail sent from Amiglia are free of viruses or
other harmful components.
Under no circumstances shall Amiglia be liable on account of your use or misuse
of the Amiglia website or the Services, whether the damages arise from use of
misuse of the Amiglia website or the Services, from inability to use the
Amiglia website or the Services, or the interruption, suspension, modification,
alteration, or termination of the Amiglia website or the Services, or viewing
the photos it hosts, including, but not limited to direct, indirect,
incidental, punitive, and consequential damages. Amiglia cannot be held liable
for the accidental loss of photos on its site, or the copying of photos by its
users. Our liability, and the liability of our subsidiaries, employees, vendors
and suppliers, to you in any circumstance is limited to $100.
Certain
state laws do not allow limitations on implied warranties or the exclusion or
limitation of certain damages. If these laws apply to you, some or all of the
above disclaimers, exclusions, or limitations may not apply to you, and you
might have additional rights.
INDEMNITY
You agree to indemnify and hold Amiglia, its subsidiaries, affiliates,
successors, assigns, directors, officers, agents, employees, service providers,
and suppliers harmless from any dispute that may arise from your breach of
these Terms of Use or violation of any representations or warranties contained
in these Terms. You also agree to hold Amiglia harmless from any claims and
expenses, including reasonable attorney's fees and court costs, related to any
media or other material you provide to or post on Amiglia.
APPLICABLE LAW
By visiting Amiglia.com, you agree that the laws of the State of New York, without
regard to principles of conflict of laws, will govern these Terms of Use and
any dispute of any sort that might arise between you and Amiglia.
MERGER OR ACQUISITION
It is possible that as we continue to develop our website and our business,
Amiglia's Services and/or related assets might be acquired or transferred as
part of a merger. In the event of such a transaction, you understand and agree
that Amiglia may assign its rights under these Terms and that your personal
information may be transferred to the succeeding entity. You will be provided
with reasonable notice and an opportunity to opt-out of the transfer.
DISPUTES
Any dispute relating in any way to your visit to Amiglia.com or to products you
purchase through Amiglia.com shall be submitted to confidential arbitration in
New York, New York, except that, to the extent you have in any manner violated
or threatened to violate Amiglia's intellectual property rights, Amiglia may
seek injunctive or other appropriate relief in any state or federal court in
the state of New York, and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise. Any cause of action you may have with respect to your
use of the Service must be commenced within one (1) year after the claim or
cause of action arises.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms of
Use at any time. Should you object to any terms and conditions of these Terms
of Use or any subsequent modifications thereto or become dissatisfied with
Amiglia in any way, your only recourse is to immediately: (1) discontinue use
of Amiglia and (2) terminate your Amiglia subscription
support@Amiglia.com. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition.
