Version date: July 20, 2017
ACCEPTANCE OF TERMS
By registering for an account and using Aimee’s branded apps, Aimee-related sites application or website (the “Platforms”), you (“member”, “user”, “you”) express your acceptance of the following Terms and Conditions. The right to use the Platforms is personal to each user and is not transferable to any other person or entity. Our members are responsible for ensuring that their accounts are used in full compliance with the provisions of these Terms and Conditions.
The Services are targeted towards and intended for the use by anyone who is 13 years old and above. Hence, by using our Platforms you declare that you are 13 years or above.
To access the Services you will need to register for an account. You shall:
- Provide accurate and complete information as prompted by the applicable registration form;
- Maintain and promptly update your account information;
- Choose a username and a password;
- Maintain the security of your account and restrict access to your account and your device through which you access your account;
- Promptly notify Aimee if you know of or suspect any security breaches related to the Services; and
- Take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Unless otherwise indicated, Aimee’s Services, including all content and other materials on the Platforms, such as the trademarks, logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and their selection and arrangement (“Content”) are the property of Aimee or any of its authorized assignee(s), such as the trademark holder, and are protected under the copyright laws.
You are granted a limited right to access and use such Content; however you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may download copyrighted material for personal use only. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Any use of the Platforms and/or the Content other than for their intended purposes or other than as specifically authorized hereunder, is strictly prohibited and will immediately terminate the license granted to you. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time.
The Services include interactive features and areas that enable you and other users to create, post, send and store content, messages, materials, data, information, text, music, sound recordings, photos, videos, images and other items or materials on the Platforms ("User Content"). By posting any User Content, you warrant and represent that you have the rights to post such information and therefore, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Aimee shall not be liable for the information you submit on its Platforms with respect to that information.
User shall use the Platforms for lawful purposes only and shall agree not to:
- Publish, post, upload, distribute, disseminate or transmit any material which violates or infringes in any way the rights of others, and/or any material which is unlawful, threatening, abusive, defamatory, obscene, inappropriate, profane, indecent or unlawful, invasive of privacy or public rights, and /or deemed vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
- User shall not use Aimee to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Aimee.
- Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any applicable laws or regulations, any code of conduct or other guidelines which may be applicable for any particular Service.
- Collect information about others, including email addresses.
- Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity and/or create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information.
- Use anyone else's account at any time, without the permission of the account holder.
Aimee reserves the right, and has the absolute discretion, to remove, screen or edit any User Content posted or stored on the Platforms at any time, for any reason and without notice. User is responsible by itself for creating backup copies of and replacing any User Content on the Platforms.
Aimee shall also have the right, but not the obligation, to monitor the User’s Content of the Platforms to determine compliance with these Terms and Conditions and the applicable laws, and regulations. Therefore, Aimee shall have the right in its sole discretion to edit, refuse to post or remove any information which may appear in violation of the above.
CONSENT TO USE OF DATA
If you create, post, send or store User Content through our Platform, you automatically grant and warrant that Aimee has expressly a royalty-free, perpetual, irrevocable, non-exclusive right and license to edit, copy, use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit other users to access, view, store and/or reproduce any User Content that you post.
You hereby grant Aimee a right to use any questions, comments, feedback, suggestions, recommendations, ideas or other information provided by you, in any manner and for any purposes whatsoever, without compensation of any kind. This clause shall survive the termination of these Terms and Conditions.
You agree to indemnify and, at Aimee’s option, defend Aimee, its directors, officers, employees and agents ("Aimee Entities"), from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services or Platforms; (b) any User’s Content or you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of a third party; or (e) your conduct in connection with the Services or Platforms.
LIMITATION OF LIABILITY
In no event shall Aimee be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action or otherwise, arising out of or in connection with the use of or inability to use the Services or the Platforms, including any damages caused by or resulting from reliance on any information obtained through the Services, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Platforms. Aimee makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible via its Platforms. Such sites are not under the control of Aimee which is not responsible for any embedded content thereof, and/or any loss or damage of any sort incurred as a result of any user’s dealings or promotions on such sites.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Aimee is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
DISCLAIMER OF WARRANTY
Except as expressly provided to the contrary in writing by Aimee, the Services and Platforms are provided on an "as is" basis without warranties of any kind, either express or implied. Aimee disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. As to the Services and Platforms, including the information, content and materials contained on the Platforms, Aimee does not represent or warrant that the Services or Platforms are accurate, complete, reliable, current or error-free.
CHANGES TO THESE TERMS AND CONDITIONS
Aimee shall have the right at any time to change or modify these Terms and Conditions. Such changes shall be effective immediately upon notice thereof. Noting that any change will be reflected on this page and the date of new versions will be stated at the top of these Terms and Conditions. These changes will be effective immediately upon posting. Any use of Aimee after such notice shall be deemed to constitute acceptance of such changes.
Aimee shall have the right at any time and without prior notice to modify or discontinue, temporarily or permanently any aspect or feature of its Platforms, including, but not limited to, content, hours of availability and any features thereto.
You acknowledge and agree that third-party, such as Apple and Android, may be beneficiaries of this Agreement and further that (a) upon your acceptance of these Terms and Conditions, such third-party beneficiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party; (b) these Terms and Conditions are an agreement conducted between you and Aimee only, and not such beneficiaries.
Aimee shall always have the right to terminate any user's account and to block or prevent user’s future access and the use of the Services or Platforms without notice, in the event of any conduct which may constitute, in Aimee’s discretionary opinion, an infringement or breach of these Terms and Conditions in any form whatsoever. Upon termination all the rights granted to Aimee under these Terms and Conditions and other provisions that, by their nature, are intended to survive.
You agree that any notices or other account-related information sent to you electronically via or at your email address or mobile number designated in your account, or through Aimee, will be deemed to have been given by Aimee in writing and received by you on the date sent by Aimee
Aimee’s failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of the right to later enforce such provision or any other provFiision of these Terms. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
Any dispute arising from these Terms and Conditions or the use of the Services and/or the Platforms, will be subject to Arbitration, except disputes related to any alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
You and Aimee agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. You and Aimee further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Paris, France (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the international Chamber of Commerce; (d) that the arbitration awards are binding and non-appealable, and (e) judgment upon any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will be entitled to award attorneys’ fees and other reasonable costs and expenses of arbitration to the prevailing party. The arbitrator has the authority to grant any remedy that would otherwise be available in court.
Notwithstanding the paragraph above, Aimee shall be entitled to initiate proceedings before any court of law in any jurisdiction whatsoever to preserve any of its rights and/or take preventive and/or protective measures in this respect.