Personal Information We Collect
Information You Provide
We collect information directly from you in a variety of ways. For example, we may collect information when you:
• participate in interactive areas
• fill out forms
• request additional information
• sign up to receive news, information, or special offers from us
• interact with us on social media
• purchase any product, subscription, or event ticket from us
• request information or assistance from us, including correspondence with our customer service team
• participate in or respond to surveys or requests for opinions, feedback, and preferences• participate in events, screenings, contests, sweepstakes, or promotions
The types of information we collect directly from you include:
• your name
• email address
• phone number
• mailing address
• demographic information such as gender and age
• commercial information such as payment and billing information
• information that relates to you, such as passwords, personal preferences and interests, and any other information you choose to provide.
Information Collected Automatically
We automatically collect personal information when you access and use our Services, including:
• Device and network identifiers such as your IP address, mobile advertising ID, media access control (MAC) address, identifiers associated with browser cookies, web beacons and similar technologies we deploy on our Services.
• Internet or electronic network activity information such as your Internet service provider (ISP), browser type and operating system version, language settings, access times, pages viewed, routes by which you access our Services, your use of any hyperlinks available within our Services.
• Geolocation data such as information that identifies the precise location of your mobile device (when we have your consent to do so) and your IP address, which may be used to estimate your location.
Cookies and Similar Technologies
Information from Third Parties
We may collect personal information about you from other sources so we can better understand you and provide you with services, advertising, and offers that may interest you. For example, we may collect personal information about you from:
• Third-party social media services—such as Facebook, Twitter, and Google—that you use to interact with our Services or that allow you to share information, but always in accordance with the authorization procedures and privacy settings you establish with such social media services.
• Television services or other third-party services, such as streaming services that distribute our content.
• Our unaffiliated partners, such as third-party interactive applications, co-branded partners and websites, our advertisers, and commercially available sources.
Personal Information We Derive
We may derive information or draw inferences about you based on the information that we, or our partners, collect. For example, we may make inferences that you are interested in content or an event so that we can show content or ads that are more relevant to your interests. We may also build a profile about you containing information that we, or third parties, may collect in order to identify you across sites, devices, and over time, and we may augment your profile with information derived from inferences described above.
Use of Your Personal Information
We collect and use information about you for the following purposes, including to:
• provide, maintain, and improve our Services, as well as to develop new content and features
• complete the transactions you request and fulfill our contractual obligations
• create, manage, and authenticate your account
• send notifications related to your account and purchases
• send promotional messages and newsletters via email, text messaging, or push notifications
• enable you to participate in public platforms or other interactive features of our Services
• respond to customer service requests
• conduct internal research and development
• target advertisements to you both on and off our Services
• analyze user traffic and activities on our Services, identify popular areas or features, and optimize and personalize the Services
• debug the Services
• protect the rights and property of AMG and others and comply with our legal obligations, including to detect, investigate, and prevent fraud and other illegal activities and to enforce our agreements
Disclosure of Your Personal Information
We share the personal information we collect in limited circumstances:
• With our affiliates and Subsidiaries. We disclose your personal information to other AMG companies, subsidiaries, and affiliates for the purposes described in the "Use of Your Personal Information" section above.
• With unaffiliated companies or individuals we hire or collaborate with that perform services on our behalf, including customer support, web hosting, information technology, payment processing, event sanctioning, direct mail and email distribution, contest, sweepstakes and promotion administration, and analytics.
• As part of, or during negotiations for, any purchase, sale, lease, merger, or any other type of acquisition, disposal, or financing involving our brands.
• With our legal, financial, insurance and other advisors in connection with the corporate transactions described above or in connection with the management of our business and operations.
• When it is necessary for us to comply with applicable law or legal process, to respond to legal claims, or to protect our rights, property or personal safety of our users, employees, or the public.
We do not sell any identifying information such as your name, email address, phone number, or postal address. Some of our brands share identifiers—such as cookies and the advertising identifier associated with your mobile or internet-connected device—with our advertising partners, and those partners use and share those identifiers to show you advertisements tailored to your interests. When a brand does this, you will be given the opportunity to opt out by clicking the "Do Not Sell My Personal Information" link on the home page of the relevant website, mobile or online application, or other service. Please note that when you use these tools on our websites, you will need to renew your choices if you clear your cookies or use a new browser or device.
In addition to the disclosures above, we also disclose personal information to companies to provide analytics services and display advertisements on our Services. These providers may deploy cookies, web beacons, device identifiers, and other tracking technologies which collect information about your use of our Services. This information may be used by us and others to determine the popularity of our Services, deliver advertising and content tailored to your interests on our Services and on other websites, apps, and other services, and to better understand your online activity. Your device may also include a feature that allows you to opt out of the use of information about your use of mobile and online applications for interest-based advertising purposes.
The Services may allow you to share your personal information with social media platforms and other third parties. When you share in this manner, the privacy practices of the social media platform control how they treat your information and who has access to it. Please consult the privacy policies of any social media platform to which you share information in this manner to learn about the platform's data practices.
You may opt out of receiving promotional communications from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as emails about your account or order confirmations from us.
When you use any of our mobile and online applications that collect precise location information, you may be asked to consent to the collection of this information. You can change your preferences at any time through the settings on your mobile device.
Mobile Push Notifications/Alerts
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can hide these messages at any time by changing the notification settings on your mobile device.
California Privacy Notice
If you are a United States resident, please be advised that we conform to all regulations of the CCPA.
Information for European Residents
The Services are operated in the United States. If you are in the European Union or elsewhere 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 Services, participating in any of our Services and/or providing us with your information, you consent to this transfer. We do, however, take into consideration the regulations of the GDPR when collecting and sharing personal information.
This is the official Terms and Conditions Agreement for the use of our website, applications, or other interactive service that includes an authorized link to this Agreement and all other websites; applications and other interactive services you also use that are offered by the AMG Entertainment Network™ Brand that is providing this website; and its applications or other interactive services (collectively, all such websites, applications and other interactive services, "Site," "we," "us" or "our"). The Site is owned, operated, and/or provided on behalf of the AMG Entertainment Network Inc. (AMG Entertainment Network Inc., its subsidiaries, and its Affiliates shall be referred to collectively as "AMG") through its AMG Entertainment Network™ division, which offers television channel or programming services (such as television networks, websites, applications, or other interactive services) and offers other products and services under various brands, such as those AMG brands listed on this site and other AMG brands. These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and AMG.
The words “use” or “using” in this Agreement means any time an individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print, or copy from the Site; transmit, receive, or exchange data or communicate with the Site; or in any way utilize, benefit from, take advantage of, or interact with any function, service, or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third-party content, sites, or any links that may direct your browser or your connection to third-party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site, and it cannot be modified except as specifically described below. This Agreement applies regardless of whether you are accessing the Site via a personal computer, a mobile device, or any other technologies or devices now known or hereafter developed or discovered.
MODIFICATIONS TO THIS AGREEMENT
OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site (including all Site software, designs, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information) and all copyrightable or otherwise legally protectible elements of the Site (including, without limitation, the selection, sequence, “look and feel,” and arrangement of items, and all trademarks, service marks and trade names) are the property of AMG, any of its successors and assigns, and any of its respective licensors, advertisers, suppliers, and operational service providers. These contents and copyrightable elements are legally protected under applicable U.S. and foreign laws, rules and regulations and international treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for noncommercial, non-exclusive, non-assignable, non-transferable purposes, and is limited exclusively to personal use. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices of any material you are permitted to download, transmit, display, print, or reproduce from the Site. You shall not, nor will you allow any third party to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party, or otherwise use any material without the express prior written consent of AMG or the material’s owner if AMG is not the owner. Any unauthorized or prohibited use of any material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. Upon notification, we will act expeditiously to remove content on the Site that infringes upon the copyright rights of others, and we will disable access to the Site and its services for anyone who repeatedly uses them for these purposes.
We take protection of copyrights, both our own and others’, very seriously. We therefore take extensive measures to prevent any copyright infringement on this Site, and to promptly halt any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights, please follow the procedures set forth in our Copyright Compliance Policy for this Site.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, participate in the services of, or obtain goods and services from third parties such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction, and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions.
RULES OF CONDUCT
Your use of the Site is subject to all applicable laws, rules, and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts, and omissions that occur in, from, through, or under your username or password.
You are prohibited from using the Site or attempting to use the Site in a manner that is or is likely to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive.
You are also prohibited from using the Site or attempting to use the Site in a way you appear to:
• impersonate anyone else, discuss us or AMG in a clearly false or misleading manner, is unrelated to our products or services, or include personal information about individuals or trade secrets
• discourage or seem likely to discourage any person, firm, or enterprise from using all or any portion, feature, or function of the Site
• advertise, link, or become a supplier to us in connection with the Site
• send, or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, spam, or phishing
• use the Site for commercial or business purposes, including advertising, marketing, to offer goods or services, whether for financial compensation or any other form, or through linking with any other website or web pages
• transmit, distribute, or upload programs or material that contain malicious code or potentially harmful programs or other material/information
• forge any TCP/IP packet header or part of the header information in any email, newsgroup posting, or other posting for any reason
• violate any laws, rules, or regulations, judicial or governmental orders, or any treaties
• violate or infringe upon any copyright or other intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm, or enterprise
• gain or enable unauthorized access to the Site, any of its features or functions, other users' accounts, names, passwords, personally identifiable information, or other computers, websites or pages
• modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site, or the use and enjoyment of the Site by any other person, firm, or enterprise
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm, or enterprise in connection with their or your use of the Site without obtaining the express, prior permission to do so from such other person, firm, or enterprise, except with our prior permission
• use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any web pages or other services contained in the Site
TEXT MESSAGING, MARKETING, AND PROMOTIONS
The Site may, through AMG, provide you with the opportunity to register for special Promotions, services, news, programming, and information delivered via text messaging on wireless Devices such as mobile phones. If we do so, we will obtain appropriate consent for any Text Services in accordance with the nature of the Text Service and applicable laws, rules, and regulations. The Information requested or transmitted as part of the registration process includes your wireless telephone number and may include other information, such as your preferences regarding goods or services, choices of music or artists, or other similar survey information and/or an email address. Depending on the Text Service and the Information collected, you may also be required to confirm your agreement to this Agreement.
If you register for the Site Text Services, you acknowledge, understand, and agree that you may be charged by your wireless carrier for the ability to send or receive all such messages. The standard messaging rates of your wireless carrier shall apply to all Text Services unless noted otherwise. Under no circumstances shall the Site or AMG be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. If you change or deactivate your wireless telephone number, you agree to notify us when your wireless telephone number is no longer associated with you and identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
You understand, acknowledge, and agree that this Site may, at its sole discretion and without liability to you or any user, terminate its offer of any specific Text Service or all Text Services at any time without advance notice. This Site may provide notice of terminations or changes in services on this Site.
Closed Captioning of Internet Protocol-Delivered Video Programming
In accordance with the Twenty-First Century Communications and Video Accessibility Act of 2010, all video programming distributors that make video programming available directly to end users through a distribution method that uses the internet protocol are required to provide contact information to end users for the receipt and handling of written closed captioning complaints.
If you have a complaint regarding the Site's compliance with the closed captioning requirements of the Twenty-First Century Communications and Video Accessibility Act of 2010, please email us at contactus@amgentertainmentnetwork.
Your comments, suggestions, and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities, and other message and communication platforms (Communities) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit, and/or exchange information, ideas, opinions, messages, content, media, materials, or other information (collectively, Posts or Postings). If this Site provides a User Content Submission Agreement, such terms govern any User Content (as defined therein) which are also Postings under this Agreement, and such User Content Submission Agreements are classified as Additional Terms under this Agreement.
10.1 Responsibility for Postings; Our Right to Review, Monitor, Edit and/or Screen and Take Other Actions.
You understand, acknowledge, and agree that Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you (including, but not limited to, Postings made under your name, user name and/or email address) upload, post, email, transmit, or otherwise make available via the Site. Except for the licenses, authorizations, consents, and rights granted hereunder (including, but not limited to, as described in any User Content Submission Agreement that may be posted on this Site), as comprehensive and broad as they may seem or actually be, AMG and the Channel acquires no title or ownership rights in or to any User Content you submit, and nothing in this Agreement conveys to us any ownership rights in your User Content.
Postings do not reflect the views of the Channel or AMG, and the Channel and AMG do not represent or guarantee the truthfulness, accuracy, or reliability of any Posting or endorse or support any opinions expressed in any Postings.
Neither the Channel nor AMG control any Postings submitted, although we may (at our sole discretion) use automated and/or manual means of reviewing Postings in order to prevent unauthorized content from appearing and being displayed on our Site. The Channel and AMG reserve the right to review, monitor, edit, and/or screen any Postings, and to delete, remove, move, re-format, edit or reject, without notice to you, any Postings that we deem, at our sole discretion, to be in violation of this Agreement, to be unacceptable to the Channel or AMG, or for any reason or for no reason whatsoever; provided, however, that the Channel and AMG shall have no obligation or liability for failure to do so or for doing so in any particular manner. If we change your Postings, you will not be responsible for any such changes we make.
If we determine, at our sole discretion, that any Posting does or may violate any of the terms of this Agreement, in addition to our rights as described in this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to:
The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge, and agree that we assume no responsibility for deletion of Postings or any failure to store, receive, or deliver Postings in a timely manner or any other matter relating to Postings. Postings are subject to all the terms of this Agreement, including, but not limited to, the Rules of Conduct.
10.2 Grant of Rights, Representations, Warranties and Covenants.
If a Posting originates from you or your account, you hereby agree that each time you submit or attempt to submit a Posting, you reaffirm such agreement that
1) you specifically authorize the Channel and AMG to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content, and/or material of any kind or nature
2) you represent, warrant, and covenant that
a) the Posting is original to you and/or fully cleared for use as contemplated herein
b) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement
c) the Posting does not contain libelous, tortuous, obscene, or otherwise unlawful material or information
d) the Posting, and the Channel's and AMG's exercise of the rights you grant to the Channel and AMG to the Postings, will not infringe upon, misappropriate, or otherwise violate any copyright or other intellectual property, privacy, publicity, or other rights of any party, or otherwise violate any other applicable law, rule, or regulation
e) the Posting shall not be injurious to the health of any user
f) neither the Channel nor AMG shall be required to pay or incur any sums to any person or entity due to our permitted use or exploitation of the Posting
g) all the information you provided that is associated with your Posting is complete and accurate
3) if your Posting incorporates the name, logo, brand, service, or the trademark, voice, likeness, or image of any person, firm, or enterprise, you additionally represent, warrant, and covenant to the Channel and AMG that
a) you have the right to grant the Channel and AMG the right to use all such Postings as described above
b) the Posting was produced in compliance with all applicable laws and regulations
c) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements as well as our policies regarding governmental certification procedures relating thereto, and you shall also secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices. Such documentation includes
i) the individual's full legal name, current address, date of birth; and
ii) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license, or valid photo ID card) to verify the individual's identity
With the submission of each such Posting, the Channel and AMG reserve the right to request that you deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport, or other acceptable government-issued photo identification for our verification and record-keeping purposes.
Upon the request of the Channel or AMG, you will promptly produce any documentation, substantiation, and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties, and covenants. If applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
Notwithstanding anything to the contrary, you also understand and agree that the Channel and AMG shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of any Posting.
10.3 Claims Regarding Content
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please email us at firstname.lastname@example.org (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message, and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
10.4 Certain Rights of Removal for Postings
Registered users of this Site who are United States residents and are under 18 years of age may request and obtain removal of Postings on this Site that they themselves post by emailing us at email@example.com. All removal request emails must have a subject line labeled "United States Removal Request.” All requests must provide a description of the content or information in your Posting that you want removed, information reasonably sufficient to permit us to locate the material, and must include your registered username, name, street address, city, state, zip code, and email address so that we can process your request and contact you if we have questions (your street address is optional if you wish to receive a response to your request via email). Please include the name and URL (if applicable) of the website, application, or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide complete information. We may also provide you the ability to remove individual specific Postings that are comments by navigating to the comment, selecting the delete option when you hover over the right-hand side of the comment with your cursor and confirming the deletion request.
11. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, this Channel, AMG and/or their Advertisers, operational service providers, and suppliers may conduct promotions on or through the Site. This includes, but is not limited to, auctions, contests, and sweepstakes (Promotions). Each Promotion may have Additional Terms, such as the rules governing any voting related to a Promotion (the Voting Rules). Voting Rules are available at https://amgentertainmentnetwork.com/ . Other rules related to the Promotion, which will be posted or otherwise made available to you and, for purposes of each Promotion, are classified as Additional Terms and will be deemed incorporated into and form a part of this Agreement. In the event of a conflict between the Voting Rules linked in this Section and the Voting Rules specific to the Promotion, the Voting Rules specific to the Promotion shall govern with respect to the specific Promotion.
12. CERTAIN PRODUCTS AND SERVICES
12.1 RSS Feeds and Podcasts
The Site may provide RSS Feeds (RSS Feeds) consisting of selected text, audio, video, and photographic content (Content) from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (Podcasts) which, as part of the Content, may include an associated audio, video, and/or photographic file where the audio and/or video file may be downloaded and played from a user's Device or (if permitted) transferred to another Device. Certain software and hardware are required for users to download and view and/or play Content through RSS Feeds.
Content is classified as Material, and is subject to all the terms of this Agreement even though you may download, copy, and/or transfer the RSS Feeds and associated Content to a Device, or through one Device to another.
By your access to and use of RSS Feeds, you understand, acknowledge, and agree that this Channel and AMG do not warrant that its RSS Feeds will operate on all Devices. Please see the Disclaimer and Limitations of Liability section below for further details.
12.2 Mobile Applications
If this Channel offers products and services (Mobile Application Services) such as applications you download or text messaging services through applications available on your wireless or other mobile Device such as a mobile phone, these Mobile Application Services are governed by the Additional Terms presented in connection with the applicable Mobile Application Service. These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in the applicable Additional Terms, including, but not limited to, the terms presented to you in connection with your download of such Mobile Application Services. In addition, your wireless carrier's standard messaging rates, and other messaging/data rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may apply to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information, or otherwise notify us that the wireless telephone number is no longer associated with you. You must also identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
Under no circumstances will this Channel or AMG be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address using any Mobile Application Services.
12.3 Viral Features
13. HYPERLINKS TO THIRD PARTY SITE
14. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If this Site offers user registration and you are registered to use the Site, you may deactivate your account on the Site—at any time and for any reason—by logging in to your account, and then following the instructions on the Site for account deactivation. If you are unable to deactivate your account on this Site using this method or have other questions regarding deactivating your account, please email us at firstname.lastname@example.org.
15. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, GOODS AND SERVICES AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) OR ANY GUARANTY OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS, OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY, AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE SITE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, THIS CHANNEL, AMG, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, RELATING TO THE SITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE IS MAINTAINED ON SERVERS IN THE UNITED STATES, AND THE CHANNEL AND AMG DISCLAIM ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR IN VIOLATION OF EITHER THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.
NOTWITHSTANDING ANY CLAIM THAT A SOLE OR EXCLUSIVE REMEDY WHICH IS PROVIDED IN THIS AGREEMENT MAY OR DOES FAIL AT ITS ESSENTIAL PURPOSE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE SHALL BE LIMITED TO HAVING AMG, UPON WRITTEN NOTICE FROM YOU TO US, ATTEMPT TO REPAIR, CORRECT, OR REPLACE ANY DEFICIENT GOODS OR SERVICES UNDER THIS AGREEMENT AND, IF REPAIR, CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE FOR AMG, TO REFUND ANY MONIES ACTUALLY PAID BY YOU TO AMG FOR THE GOODS OR SERVICES INVOLVED AND TO TERMINATE AND DISCONTINUE YOUR USE OF THE SITE. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SITE, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED, DELAYED, OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT AMG ASSUMES NO LIABILITY, RESPONSIBILITY, OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE, OR DELIVER TRANSACTIONS OR POSTINGS, OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY POSTINGS, AND YOU ARE HEREBY EXPLICITLY ADVISED NOT TO RELY ON THE TIMELINESS OR PERFORMANCE OF THE SITE FOR ANY TRANSACTIONS OR POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold the Site, the Channel, AMG, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from any breach or violation of this Agreement by you.
AMG reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with AMG in the defense of any such claim, action, settlement, or compromise negotiations as requested by AMG.
17. ADS AND MALWARE
We have taken great care and pride in creating this Site. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will fix them. Unfortunately, your Device may cause glitches that affect how you see our Site, which is beyond our control.
If you experience any unusual behavior, content, or ads on the Site, it may be the result of Malware on your computer. Malware—short for malicious software—is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs, and dialers, among other forms. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your Device may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take actions (such as installing reputable third-party antivirus software) which may help to clean your Device, and which could monitor or prevent future installations of Malware.
Please note that we cannot be responsible for the effects of any third-party software—including Malware—on your Device. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your Device, we also suggest you consult a qualified technician about your Device. If, after taking the above actions, you are still experiencing any problems, please feel free to email us at email@example.com.
19. RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS
19.1 Binding Arbitration and Exclusions from Arbitration
Except as provided below OR UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SECTION 19.5), any and all claims between you and VII will be resolved in binding arbitration rather than in court. You and AMG agree to submit to individual arbitration the resolution of any and all Claims by or between you and/or AMG, except that you and AMG agree that the following will not be subject to the mandatory arbitration provisions in this Section 19.1:
a) any Claim filed by you or AMG with respect to any violation, enforcement or validity of patent, trademark, trade dress, service mark, copyright and/or trade secret rights of you, AMG, or any third party, including, but not limited to, Claims related to content that you upload to or share on the Site; and/or
b) you or AMG may seek a preliminary injunction, restraining order, or other provisional equitable relief in any court as provided in Section 20 in connection with any Claim whereby you or AMG, as applicable, may suffer immediate and irreparable harm for which money damages may be inadequate and impossible to calculate (including, but not limited to, a Claim under Section 19.1a), where such Claim under this Section 19.1b will not be subject to the informal dispute resolution procedures described in Section 19.2 below; provided, however, that, after obtaining such preliminary injunction, restraining order, or other provisional equitable relief, the Claim will then be submitted to arbitration in accordance with Section 19.
You and AMG agree that this Agreement affects interstate commerce, and that the enforceability of Section 19 will be governed by, construed, and enforced—both procedurally and substantively—by the Federal Arbitration Act, 9 U.S.C. sections.
19.2 Informal Dispute Resolution
Except with respect to Claims described in Section 19.1b above, before either you or AMG pursue or participate in any Claim against the other party in arbitration or court proceedings, you or AMG must notify the other party of the Claim in writing at least 60 days before initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to AMG at 1780 Graves RD #1009 Norcross, GA 30093. AMG may send written or electronic notice of its Claim to your email address, AMG account, or any physical or other address that AMG associates with you. The notice must describe the Claim in reasonable detail and propose the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to Claims described in Section 19.1b above, you and AMG agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and AMG do not reach an informal resolution of the Claim within 60 days, the Claim may be submitted to binding arbitration as set forth in Section 19, or to a court as permitted by Section 19.1.
19.3 Arbitration Proceedings and Costs
Any arbitration will be administered by the American Arbitration Association (AAA) pursuant to its Consumer Arbitration Rules (the AAA Rules), as modified by this Agreement. The AAA Rules—and other information about the AAA—are available at the AAA's website at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website (see "Demand for Arbitration, Consumer Arbitration Rules", under Rules and Forms, Consumer Forms, at https://www.adr.org) and arbitration proceedings shall be initiated in the location described in Section 20. As required by the AAA Rules, if you initiate the arbitration proceedings, you must send the original copy of the completed form to AMG, which should be sent to AMG at the following address:
1780 Graves RD #1009 Norcross, GA 30093.
If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted through documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing according to the AAA Rules. In all cases, you and AMG shall exchange documents and other information that you or AMG intend to use in the arbitration.
Upon filing an arbitration demand for Claims up to $75,000, AMG will reimburse you for all necessary filing, administration, and arbitrator fees paid by you to the AAA. If you wish for AMG to pay such fees directly to the AAA, you must request that payment of such fees by AMG be mailed to the AAA along with your form initiating arbitration, at which point AMG will make arrangements to pay such fees directly to the AAA. In the event the arbitrator determines that the Claim(s) you assert in the arbitration are trivial or provocative, you agree to reimburse AMG for any and all fees associated with the arbitration that were paid by AMG on your behalf. You also agree that AMG shall have no obligation to pay any other fees except as determined by the arbitrator.
For Claims that total more than $75,000, the AAA Rules will govern payment of filing, administration, and arbitrator fees to the maximum extent permitted by law. The decision of the arbitrator will be binding and conclusive to all parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
19.4 Class Action Waiver
UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SECTION 19.5), YOU AND AMG AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You and AMG explicitly agree that any Claim is personal to you and AMG, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in Section 19.1 of this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court, if the Claim is excluded from mandatory arbitration as described in Section 19.1 of this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in Section 19.1 of this Agreement), may not consolidate more than one person's claims, and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and AMG, then this Agreement to arbitrate will be unenforceable. Neither you nor AMG consent to class arbitration.
19.5 Right to Opt-Out of Mandatory Arbitration and Class Action Waiver
If you do not wish to be bound by the mandatory arbitration and class action waiver provisions in Sections 19.1, 19.3, and 19.4, you must notify AMG in writing (the Arbitration/Class Action Waiver Opt-Out Notice). The arbitration/class action waiver opt-out notice must meet all the following requirements:
The opt-out notice must be sent by first-class mail with postage prepaid and certified, and the return receipt must be requested or sent by overnight courier service (such as Federal Express) to AMG Entertainment Network Inc., Attention: AMG Entertainment Network Inc., Legal Department, Records Management, 1780 Graves RD # 1009 Norcross, GA 30093
The opt-out notice must be postmarked (if sent by first class mail) or deposited with the overnight courier service by the deadline that corresponds with your user status:
a. If you registered as a new registered user of the Site on or after 2/9/2020, 45 days after the date you accept this Agreement for the first time (Agreement to Arbitrate Date except as provided in (c) below), unless an earlier deadline in Section 19.5.2(C) applies;
b. If you were already a registered user of the Site before the Agreement to Arbitrate Date, 45 days after either
I. your first login to the Site on or after the Agreement to Arbitrate Date, or
II. the date on which an email notice of the Agreement containing this Section 19 was sent to the email address associated with your user registration, unless an earlier deadline in Section 19.5.2(C) applies.
c. For all other users of the Site, 45 days after you accept this Agreement for the first time on or after the Agreement to Arbitrate Date, which shall be December 31, 2020 for users of this Site's applications unless a longer period is required by applicable law.
126.96.36.199 Time Periods Applicable to Users of Multiple AMG Websites, Applications or Other Interactive Services
If you are or become a user of more than one AMG website, application, or other interactive service, you must provide the Arbitration/Class Action Waiver Opt-Out Notice by the earliest deadline applicable for any AMG website, application, or other interactive service of which you are or become a user. For example, if the Agreement to Arbitrate Date is August 1st and if you are a pre-existing registered user of a AMG website who logs in on August 1st and registers as a new registered user of another AMG website on August 15th, you must provide the Arbitration/Class Action Waiver Opt-Out Notice by September 15th (45 days after August 1st, not 45 days after August 15th).
The opt-out notice must include your first and last name, address, phone number, email address and, if applicable, your username if you are a registered user of the AMG website(s), application(s), or other interactive services(s) along with an identification of the AMG website(s), application(s) or other interactive services(s) for each such username. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt-Out Notice to record, process, maintain and initiate your opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.
The opt-out notice must include a statement that you do not agree to the mandatory arbitration and class action waiver.
If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions as described in Section 19.1, Section 19.3, and Section 19.4 with respect to all AMG websites, applications, or other interactive services (including, but not limited to, those owned, operated, and/or provided by AMG Entertainment Network Inc. and the corporate affiliates that AMG Entertainment Network Inc. directly or indirectly owns or controls such as those described at https://amgentertainmentnetwork.com/). Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.
If the Arbitration/Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the mandatory arbitration and class action waiver provisions as described in Section 19.1, Section 19.3, and Section 19.4.
20. Governing Law, ARBITRATION LOCATION, Jurisdiction, Venue AND JURY TRIAL WAIVER
With the exception of the provision above that the enforceability of Section 19 is governed both procedurally and substantively by the FAA, this Agreement and your use of the Site is otherwise governed by, construed, and enforced in accordance with the laws of the State of Georgia (without regard to that state's conflict of laws rules).
You or AMG shall initiate arbitration in the United States county or territory in which you reside, or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that
a. AMG may request to transfer the arbitration to Gwinnett County, Georgia if it agrees to pay any additional fees or costs you incur as a result of the change in location, as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request;
b. if you agree to such request, the arbitration shall be transferred to Gwinnett County, Georgia; or
c. if you do not agree to such request, AMG shall have right to request that the arbitrator determine the location in which the arbitration shall be held.
You and AMG agree that any Claim that is allowed to proceed in court as set forth in Section 19.1 of this Agreement (including, but not limited to, as a result of your submission of a valid Arbitration/Class Action Waiver Opt-Out Notice), or that otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or a court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in the Richard B. Russell Federal Building 2211 United States Courthouse 75 Ted Turner Drive, SW Atlanta, GA 30303.
To the extent it may be applicable, you and AMG agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND AMG WAIVE ANY RIGHT TO A JURY TRIAL.
21. MISCELLANEOUS TERMS