Website Terms of Use
1. Acceptance of the Terms of Use
AMAROK, LLC (“we” or “us”) maintains the website www.amarok.com, including any content, functionality and services offered on or through www.amarok.com (including any successor URL, sub-domain and/or any syndication of the foregoing, collectively, the “Website”). The following terms and conditions (“Terms”) govern your access to and use of the Website.
PLEASE READ THE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
2. Acceptance of Privacy Policy
All information we collect on the Website is subject to our Privacy Policy. By using the Website, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by our Privacy Policy. If you do not want to agree to our Privacy Policy, you must not provide us with any personal information.
3. Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes and immediately discontinue access or use of the Website if you do not want to agree to the revised Terms.
4. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website. If you allow any persons to access the Website through your Internet connection, you must ensure that they are aware of these Terms and comply with them.
To access the Website or some of the resources or promotional offers, you may be asked to provide certain registration details or other information. You must provide information that is correct, current and complete. You agree that all information you provide to this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.
5. Intellectual Property Rights
This Website and all pages and materials related therein, including but not limited to information, text, images, photos, illustrations, trademarks, designs, icons, photographs, videos messages, software, advertisements, and other content or materials that appear as part of the Website (collectively, the “Content”) are subject to copyright, trademark, trade dress and/or other intellectual property rights owned, controlled, licensed or used with permission by AMAROK. No right, title or interest in or to the Website or any Content on the Website is being transferred to you, and all rights not expressly granted are reserved by AMAROK. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
AMAROK owns a copyright in the selection, coordination, arrangement and enhancement of all Content, as well as in the Content original to it. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content except for your own personal, non-commercial use.
You must not modify copies of any Content from this Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or Content available through the Website.
6. Trademarks
The company name, the mark AMAROK, and all related names, logos, product and service names, designs and slogans are trademarks of AMAROK or its affiliates. You must not use such marks without the prior written permission of AMAROK. Other names, logos, product and service names, designs and slogans on the Website not owned by AMAROK are the trademarks of their respective owners.
7. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real- time activities through the Website. Without limitation, you must not:
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
8. Referral Program
Our Rewards Program (“Program”) is open to all current customers, as well as non-customers, unless prohibited by law. We may discontinue, modify or suspend the Program, either temporarily or permanently (or any part thereof), with or without notice, at any time and for any reason. AMAROK will not be liable to you in the event of any modification, suspension or discontinuance of the Program.
We reserve the right to exclude individuals or restrict eligibility from the Program in our sole discretion. Any abuse of the Program, misrepresentation or any conduct detrimental to AMAROK’s interest will affect your eligibility for further participation in the Program.
We reserve the right to disqualify anyone participating in the Program if it is determined that the customer has not complied with the rules of the promotion, and/or has provided false or misleading information about his or her identity. We also reserve the right to refuse issuing any reward at any time for reason(s), in our sole discretion.
9. Changes to the Website
We may update the Content on the Website from time to time, but its Content is not necessarily complete or up-to-date. Any of the Content on the Website may be out of date at any given time, and we are under no obligation to update such material.
10. Geographic Restrictions
The owner of the Website is based in the state of South Carolina in the United States. The Website and is hosted in the United States and our services are provided from the United States. We provide the Website for use only by persons located in the United States.
We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a user accessing our Website or services from the European Union, Asia or any other region with laws governing personal data collection, use and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy.
11. Disclaimer of Warranties
We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services, content or items obtained through the website or to your downloading of any content posted on it, or on any website linked to it.
your use of the website, its content and any services or materials obtained through the website is at your own risk. the website, its content and any services or materials obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. neither AMAROK nor any person associated with AMAROK makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. without limiting the foregoing, neither AMAROK nor anyone associated with AMAROK represents or warrants that the website, its content or any services or materials items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or materials obtained through the website will otherwise meet your needs or expectations.
AMAROK hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
12. Limitation on Liability
In no event will AMAROK, its affiliates or its licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other linked websites or information provided by users, including without limitation, any personal information and other information either contained on the website or submitted by you to the website. This disclaimer includes any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill or loss of data, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
13. Indemnification
You agree to defend, indemnify and hold harmless AMAROK, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s Content, services, programs and products other than as expressly authorized in these Terms, your use of any information obtained from the Website, or your submission of a referral.
14. Governing Law and Jurisdiction
All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction).
Any legal suit, action or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States in South Carolina, or the courts of the State of South Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these terms or the website or its content must be commenced within one (1) year after the cause of action accrues. otherwise, such cause of action or claim is permanently barred.
16. Waiver and Severability
No waiver by AMAROK of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AMAROK to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17. Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and AMAROK, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
18. Your Comments and Concerns
This website is operated by AMAROK, LLC, located at 550 Assembly St, Fifth Floor, Columbia, SC 29201.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to [email protected].