Terms of Service
Last revised: September 1st, 2021
Welcome to Amaze Technologies, Inc., the service that connects consumers to experiences they will love and matches businesses with their target customers. Through our websites, mobile apps and services, we enable people all over the world to discover, create, attend or participate in events or offers that are of particular interest to them. We are excited you are here.
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations.
Accepting These Terms
Amaze’ offerings are available online through various Amaze website properties and through our mobile applications (collectively, the “Amaze Services”). BY DOWNLOADING OUR APPS OR OTHERWISE ACCESSING OR USING THE Amaze SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS BELOW INCLUDING YOUR AGREEMENT TO SUBMIT DISPUTES TO BINDING ARBITRATION. Please read all of the terms before you use Amaze Services. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Amaze Services. You must be at least 13 years old to use the Amaze Services.
When these Terms use the term “Amaze”, “we”, ”us”, or “our”, that refers to Amazing Brands, Inc. and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees. When these Terms use the phrase “Client” or “Clients”, it means Businesses using the Amaze Services to host Events, Offers or Deals displayed on the Amaze Services for consumers using our Amaze Services (a) to consume information about or attend Events, participate in an Offer or Transact at a business (“Member” or “Members”), or (b) for any other reason. Clients, Members and third parties using our Amaze Services are all referred to in these Terms collectively as “Users”, “you”, or “your”. A live event a Member could attend is referred to as an “Event” or “Events” while “Offer” or “Offers” means a digital offer to purchase or sign up for service, receive a free or discounted product, write a review or other offers. The content, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Amaze Services or otherwise made available by Amaze in connection with the Amaze Services is the "Amaze Content". Any material (including the foregoing categories) that you contribute, provide, submit, post or make available using the Amaze Services is "Your Content".
These Terms and the other documents referenced in them comprise Amaze’ Terms of Service. These Terms are a legally binding agreement between you and Amaze governing your access to and use of the Amaze Services and setting out your rights and responsibilities when you use the Amaze Services. By using the Amaze Services (including browsing the Amaze Services), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Amaze Services. If you will be using the Amaze Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such a case, "you" and "your" will refer to that entity as well as yourself.
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature or as our services adapt to changes in the market and our user base. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Amaze Services after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
Amaze is not the creator, organizer or owner of the Events, Offers or Businesses listed on the Amaze Services. Rather, Amaze provides its Amaze Services to Clients, which allow Clients to promote their Events, Offers or Promotions. A Client is solely responsible for ensuring that their description of an Event, Offer or a Promotion listed on the Amaze Services (and the Event, Offer or Promotion itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that any goods and services are delivered as described and in an accurate satisfactory manner.
Disputes Between Members and a Clients
Members use of the Amaze Services is at their own risk. Amaze is not responsible or liable for the conduct of, or Member’s interactions with, any other Amaze Member, Event attendee or Client (or their employees or contractors) or for any related damage or harm. The Amaze Services are merely a neutral means of connecting Members and Clients. Any dispute that a Member may have regarding the conduct of any Client or the quality or characteristics of an Event, Offer or Promotion is between the Member and the applicable Client.
We may require you to create an account to access certain features or functions of the Amaze Services. You agree to follow certain rules when you create an account with Amaze or use the Amaze Services, including the following:
a) You are responsible for all activity performed through your Amaze account and accept all risk that someone may access your account without your permission. If you discover or suspect any security breach of your Amaze account, please let us know as soon as possible at firstname.lastname@example.org.
b) You represent and warrant to us that you are at least 13 years old. If you are under the age of 13, do not use our Amaze Services or create an account or provide any information about yourself to us.
c) You agree to provide true, accurate, current and complete information about yourself, or if you are using the Amaze Services on behalf of an entity, the entity ("Account Data"). You also agree to update this Account Data if it changes.
d) If you are using the Amaze Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Amaze all permissions and licenses provided in these Terms.
e) If there is a dispute between two or more persons or entities as to account ownership, Amaze will be the sole arbiter of that dispute and Amaze’ decision (which may include termination or suspension of the account) will be final and binding on those parties.
f) Amaze may, at its sole discretion, limit access to the Amaze Services or terminate your account.
Amaze makes available the opportunity for Members to earn rewards (“Reward” or “Rewards”) through the Amaze Services for the successful completion of an Event, Offer or Transaction. When you earn a Reward through Amaze Services, it will be credited to your Wallet. Amaze has established relationships with Clients to provide Members with a variety of ways to earn Rewards (“Reward Earning Activities” or “Reward Earning Activity”). A Reward Earning Activity is defined as completing all the requirements listed in the description of an Event, Offer or Promotion. A Reward Earning Activity can have as few as one (1) requirement or multiple requirements. Reward Earning Activities are made available to Members based on a variety of factors, including demographic information, interest-based information, physical location, and engagement level with the Amaze Services.
Completion of Event, Offer or Promotion / Reward Earning Activities
To receive a Reward, a Member must successfully complete all the requirements listed for the Event, Offer or Promotion on the Amaze Services. Partial completion of the requirements for an Event, Offer or Promotion does not satisfy the conditions to earn a Reward.
When participating in an Event, Members should ensure their mobile device is charged and has access to their cellular network. If your mobile device dies, loses connection, and/or you otherwise do not complete all of the required participation requirements in the time periods required, Amaze cannot guarantee approval of your Reward Earning Activity. Checking in with the venue or Client does not qualify as checking in within the Amaze App. You must check in and complete any additional required participation requirements (including a check out before you leave the Event if applicable) within the Amaze App to receive the Reward for that Event.
We verify attendance via various mechanisms including geolocation information collected by the Amaze App from your mobile device and if required, manual attendance verification. It is important that you ensure your mobile device is powered on and with you while attending an Event and continue to allow the Amaze App access to your geolocation information. If an Event is canceled, we are under no obligation to credit you any Rewards. If you leave an Event for any reason prior to conclusion, you will not be credited Rewards for that Event. If you leave an Event early due to a safety concern, please contact us at email@example.com. Your Rewards for an Event may be reduced or withheld if you do not adhere to our Community Guidelines or Event-specific instructions or duties.
When participating in an Offer, Members must complete all of the requirements listed for the Offer on the Amaze Services within the time allotted for each individual requirement.
When participating in a Promotion, Members must verify the Transaction on the Amaze Services to receive the reward.
Crediting of Rewards / Reward Earning Activities
Upon completion and successful review and approval by Amaze of a Reward Earning Activity, the Reward will be credited to the Member’s Wallet. If you completed all the required participation requirements for an Event, Offer or Promotion and do not see a Reward credited to your Wallet, please contact firstname.lastname@example.org. Members have one hundred and twenty (120) hours after the Event, Offer or Promotion ends to notify Amaze of any issues with Rewards.
Amaze has the final say in whether or not a Member is credited a Reward. Amaze makes no guarantee that Members will receive a Reward for completing a Rewarding Earning Activity.
About Your Wallet
Rewards are posted to your Wallet as described in the other sections of these Terms, and are subject to your compliance with all Terms. Your Wallet Balance is non-transferable and non-assignable, and may not be pooled, lent, sold, or exchanged. We may change rules about requesting payments equal to the cash balance or redeeming other credits in your Wallet at any time and such changed rules will apply to Rewards already posted in your Wallet as well as to Rewards to be posted in the future. You may request payment equal to the cash balance in your Wallet (also referred to as “Redeeming Cash”) only as permitted by these Terms. Redeeming Cash and receipt of any corresponding payment by you is contingent upon your: (i) full compliance with these Terms generally, and (ii) receipt of your request for us to convert the Rewards in your Wallet to a payment. Further, the Rewards in your Wallet may be cancelled at any time pursuant to these Terms and represent only a method by which we track your Reward Earning Activities and a contingent liability by us, unless and until final payment occurs on the corresponding payment instrument we deliver to you pursuant to these Terms.
If you elect to close your Amaze account and you have an undistributed balance in your Wallet that meets or exceeds the Minimum Payment Amount (as described below), you will be required to request payment, in accordance with these Terms, prior to closing your Amaze account. Once you request your Amaze account be closed, all the accumulated Rewards in your Wallet are forfeited. If at the time of closing you have less than the Minimum Payment Amount in your Wallet, any rights you have to the balance in your Wallet will terminate and you will no longer be eligible to receive a payment for any balance in your Wallet.
Minimum Cash Request Requirement
NO REDEEMING CASH UNTIL YOU HAVE AT LEAST TWENTY DOLLARS POSTED TO YOUR WALLET (20.00 USD or equivalent in local currency) (the “Minimum Payment Amount”). The terms “cash,” “dollars,” and similar terms are used interchangeably in this document, but it is important to note that Rewards posted to your Wallet are unearned and a contingent obligation as described in these Terms. You have no right to redeem the Rewards in your Wallet, and we have no liability or obligation to pay you whatsoever, unless and until you have accumulated in your Wallet at least the Minimum Payment Amount in your Wallet and have otherwise complied with these Terms.
For example, if you successfully complete a Reward Earning Activity and a Reward of three dollars ($3.00 USD) is posted to your Wallet, for a total of three dollars ($3.00 USD) in your Wallet, you are not eligible to receive any payment, and we are not liable to you for any amount. In this example, you would have to earn additional Rewards that have a dollar value of at least two dollars ($2.00 USD), for a total of five dollars ($5.00 USD) in Rewards posted to your Wallet before you would be able to receive a cash payment.
You can request a cash payment from your Wallet, subject to these Terms, by clicking the “Transfer Balance” link located on the Wallet page and completing all additional steps relating to verification of information and completion of request. As noted above, you may not request payment from your Wallet which has no actual cash value until at least the Minimum Payment Amount is posted to your Wallet and the conditions herein are otherwise satisfied. Currently, the Minimum Payment Amount required when requesting a payment is twenty dollars ($20.00 USD) or local equivalent; however, this amount may change in the future. All payment requests must be made for the total amount present and available, in your Wallet at the time you are requesting payment.
Amaze uses Stripe Connect as its third party payment provider. You must have unique, verified Stripe Connect account in order to receive cash payments. In addition, requests made for cash payments facilitated by Stripe Conneect are subject to any and all applicable terms and conditions set by, and/or fees incurred through Stripe. Members are responsible to review all terms/conditions governing Stripe Connect accounts prior to completing a payment request. By completing a request for payment through our platform, you are indicating that you have reviewed and agreed to Stripe’s Terms of Service.
If there is an issue with your Stripe Connect account or you have difficulty transferring funds, Amaze bears no responsibility after the payment has been transferred to your bank account or debit card account you’ve provided.
Depending on applicable federal, state, and local tax laws, your distribution or accrual of cash or Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your receipt of cash or Rewards and you agree to provide Amaze with information Amaze requests in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties or fines) incurred by Amaze as a result of your action or inaction in connection with the foregoing (including your failure to provide Amaze with information). Amaze is further authorized to offset such tax liability from any payment you receive from your Wallet.
Amaze reserves the right to request further information from Members to ensure they have not fraudulently completed Reward Earning Activities. As a Member, you agree that your use of the Amaze Services shall not be fraudulent, deceptive or unlawful, as determined by our sole and absolute discretion.
Amaze reserves the right to place any payment request on hold or deny the payment request, for any reason, if a Member is in violation of the Terms. Furthermore, Amaze reserves the right, in our sole discretion, to terminate a Amaze Member‘s account and cancel all Rewards posted to their Wallet, in addition to any other legal remedies, in the event we determine that a Member’s is activity fraudulent, deceptive, unlawful or in violation of these Terms. All decisions by Amaze regarding fraud or suspected fraud are binding and final.
You agree to abide by the Amaze’ Community Guidelines whenever you use or access our Amaze Services. Please read these carefully, as they affect what types of content and conduct are permitted on and through the Amaze Services.
If you are an Client, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) Members, and (b) you will at all times comply with any applicable policies posted on the Amaze Services with respect to information you may collect from (or receive about) Members.
Release and Indemnification
You agree to cover Amaze if you use the Amaze Services in a way that causes Amaze to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
You hereby agree to release Amaze from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Amaze Services or any Event or Offer listed on the Amaze Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
You agree to defend, indemnify and hold Amaze and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (i) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (ii) your use of the Amaze Services in violation of these Terms or other policies we post or make available; (iii) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (iv) Amaze’ collection and remission of taxes; and (v) if you are a Client, your
Events, Offers or Promotions (including where Amaze has provided Amaze Services with respect to those Events or Offers), provided that this indemnification will not apply to the extent that the Claim arises out of Amaze’ gross negligence or willful misconduct. Amaze will provide notice to you of any such Claim, provided that the failure or delay by Amaze in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Amaze may choose to handle the Claim ourselves, in which case you agree to cooperate with Amaze in any way we request.
Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Amaze Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Amaze Services are provided on an "as is" and "as available" basis. Amaze expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Amaze makes no warranty that (i) the Amaze Services (or any portion of the Amaze Services) will meet your requirements or expectations; (ii) the Amaze Services will be uninterrupted, timely, secure, or error free; or (iii) the results that may be obtained from the use of the Amaze Services will be accurate or reliable.
You acknowledge that Amaze has no control over and does not guarantee the quality, safety, accuracy or legality of any Event, Offer or content associated with an Event, Offer or Promotion, or the truth or accuracy of any information provided by Users (including the personal information shared with Clients in connection with Events, Offers or Promotions). Amaze has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Amaze requires to provide the Amaze Services.
You understand and agree that some Events, Offers or Promotions may carry inherent risk, and by participating in those Events, Offers or Promotions, you choose to assume those risks voluntarily. For example, some Events, Offers or Promotions may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Events, Offers or Promotions.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights, however, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
Limitation of Liability
To the extent permitted by applicable laws, or as otherwise set forth herein, Amaze and any person or entity associated with Amaze’ provision of the Amaze Services (e.g., an affiliate, vendor, strategic partner or employee) ("Associated Parties"), will not be liable to you or any third party, for: (i) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Amaze has been advised of the possibility of such damages); or (ii) Your Content. In addition, the maximum aggregate liability of Amaze or Associated Parties is limited to the following:
a) for Clients that paid us, and subject to the terms of the Client Agreement, the fees that you paid us in the ninety (90) day period immediately preceding the circumstances giving rise to your Claim; and
b) for Clients that did not pay us, Members or other Users one hundred ($100) USD.
Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
IMPORTANT: ARBITRATION AND CLASS ACTION WAIVER PROVISIONS
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH Amaze AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Amaze.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Amaze Services, you and Amaze agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the JAMS/Endispute (“JAMS”) in Los Angeles, California. Both you and Amaze both give up the right to litigate disputes and may not proceed to arbitration without first trying meditation, but you and Amaze are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Amaze will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of JAMS before a single arbitrator in Los Angeles, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the Amaze Services.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to email@example.com, with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Amaze Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, Amaze also will not be bound by them.
License to the Amaze Service
Amaze grants you a limited, non-exclusive, non-transferable, non sub-licensable revocable right to use our Amaze Services solely to browse the Amaze Services and search for, view, create or request access to an Event, Offers, or Promotions listed on the Amaze Services. Your use of the Amaze Services must be in compliance with these Terms and in compliance with all applicable local, state, provincial, national and other laws, rules and regulations.
Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Amaze Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Amaze Services; (c) rent, lease, resell, distribute, use the Amaze Services for other commercial purposes not contemplated or otherwise exploit the Amaze Services in any unauthorized manner; (d) remove or alter any proprietary notices on the Amaze Services; (e) engage in any activity that interferes with or disrupts the Amaze Services; or (f) attempt to gain unauthorized access to the Amaze Services or its related systems and networks.
You agree that all Amaze Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Amaze may own the Amaze Content or portions of the Amaze Content may be made available to Amaze through arrangements with third parties. Amaze Content included in or made available through the Amaze Services is the exclusive property of Amaze and is protected by copyright laws. You agree to use the Amaze Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
The trademarks, service marks and logos of Amaze (the "Amaze Trademarks") used and displayed in connection with the Amaze Services are registered and unregistered trademarks or service marks of Amaze. Other company, product and service names used in connection with the Amaze Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, collectively with Amaze Trademarks, the "Trademarks"). The offering of the Amaze Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Amaze Services without the prior written consent of Amaze specific for each such use. The Trademarks may not be used to disparage Amaze, any third party of Amaze’ or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Amaze approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Amaze Trademark will insure to Amaze’ benefit.
Suspension and Termination
Amaze may suspend or terminate your rights to access or use the Amaze Services for any reason or for no reason at all and with or without notice at Amaze’ sole discretion. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension. Termination of access to the Amaze Services will not release either party from any obligations incurred prior to the termination and Amaze may retain and continue to use for its own internal purposes any information previously provided by you.
Licenses and Permits Producers Must Obtain
If you are a Producer, without limiting the generality of any representations or warranties provided elsewhere in these Terms, you represent and warrant to us that:
a) You and your affiliates will obtain all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") with respect to Events hosted by you or your affiliates on the Amaze Services. Licensure includes, but is not limited to, property operation permits and fire marshal permits;
b) You and your affiliates will comply, and will ensure that the venues for each Event hosted by you or your affiliates on the Amaze Services will comply, with all applicable laws, regulations, rules and ordinances;
c) You will post an Event on the Amaze Services only after you have obtained any specific Licensures for such Event, including, but not limited to, any state, county, municipal or other local authority's authorization of the Event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization;
d) Without limiting the generality of any release provided under these Terms, as a material inducement to Amaze permitting you to access and use the Amaze Services, you hereby agree to release Amaze, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.
e) Without limiting your indemnification obligations elsewhere under these Terms, you agree to defend, indemnify and hold Amaze, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure for Events on the Amaze Services and promptly upon the reasonable request of Amaze from time to time.
Scraping or Commercial Use of Amaze Content is Prohibited
The Amaze Content is not intended for your commercial use. You have no right to use, and agree not to use, any Amaze Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Amaze Services(s).
a) Assignment: All of your Content will be the exclusive property of Amazing Brands, Inc. ACCORDINGLY, IN EXCHANGE FOR THE CONSIDERATION STATED IN THE SECTION TITLED “LICENSE TO THE Amaze SERVICES” ABOVE, YOU HEREBY IRREVOCABLY AND PERPETUALLY ASSIGN TO Amaze ALL OF YOUR RIGHTS, TITLE AND INTEREST IN AND TO YOUR CONTENT, INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS THEREIN, SUBJECT ONLY TO THE LIMITED LICENSE GRANTED BACK TO YOU TO RETAIN AND USE YOUR CONTENT SOLELY FOR PERSONAL, NON-COMMERCIAL PURPOSES. YOU WILL HAVE NO RIGHT TO SHARE IN ANY INCOME, REVENUES OR INCREASES IN VALUE ARISING FROM, WHETHER DIRECTLY OR INDIRECTLY, ANY USE OF YOUR CONTENT BY A THIRD PARTY. For clarity, this assignment grants to Amaze, without limitation, the rights to (i) sue for past and future infringements of Your Content; and (ii) reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, and otherwise exploit and use (all of the preceding (ii) collectively, "Use") Your Content on an Unlimited Basis; and (iii) grant a license to any Client for whom Your Content was submitted (and to authorize any such Client to grant sublicenses) in response to an Event, Offer or Promotion to Use Your Content on an Unlimited Basis. "Unlimited Basis'' means without any restrictions whatsoever throughout the universe (including, without limitation, in any way and through any media and/or formats now known or hereafter developed, including, without limitation, by making, using, selling, offering for sale, importing, and/or advertising, marketing, and promoting products, goods and services that incorporate or embody any of Your Content and/or Licensed Content or that Use Your Content and/or Licensed Content, whether in whole or in part, and whether as provided or as modified). You acknowledge and agree that your acceptance of these Terms as a condition of submitting Your Content serves as an execution of transfer of copyright ownership to the fullest extent permitted under 17 U.S.C. § 204.
b) License. If the assignment set forth in above is found to be unenforceable, then you hereby grant to Amaze an exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), royalty-free and worldwide license to Use Your Content on an Unlimited Basis, which includes the right to sue for past and future infringements of such Your Content.
c) Further Assurances; Power of Attorney. Upon our request and without any additional consideration beyond that stated in the Section titled “License to the Amaze Services” you will execute such documents and take such steps as we may require to effect the assignment set above If at any time we are unable to secure your signature on any documents or filings pertaining to Your Content, whether because of your unwillingness or for any other reason whatsoever, then you hereby irrevocably and perpetually designate and appoint Amaze as your duly authorized agent and attorney-in-fact, to act for and on your behalf to execute and file any and all documents and to do all other lawfully permitted acts to further the prosecution of our rights to Your Content with the same legal force and effect as if executed by you. This power of attorney shall be deemed coupled with an interest, in that Amaze has an ongoing interest to secure the rights to Your Content for the life copyright, and as a result is irrevocable and will survive your death or incompetence. Without limiting anything else in these Terms you hereby acknowledge and agree that we may in our sole discretion register the copyright to Your Content with any and all proper authorities.
d) No Preemption. Nothing in these Terms is intended to preempt any termination of transfers permitted under Title 17 of the United States Code.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing assignment or license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.
Your Content must be accurate and truthful. Amaze reserves the right to remove Your Content from the Amaze Services if Amaze believes in its sole discretion that it violates these Terms, our Community Guidelines, or for any other reason. Amaze may use your name and logo (whether or not you have made it available through the Amaze Services) for the purpose of identifying you as an existing or past customer of Amaze both on the Amaze Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer these Terms, including without limitation, these Terms of Service; and/or (d) protect the rights, property and/or personal safety of Amaze, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Amaze Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
Submitting a Copyright Takedown Notice
You may report content to Amaze that you think violates these Terms, and Amaze’ sole discretion may remove such content, suspend or terminate the account of the Amaze Member who posted or otherwise made available such content and/or take additional action to enforce these Terms against such Member.
Amaze respects copyright law and expects Amaze Members to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Amaze has adopted a policy of terminating, in appropriate circumstances and at Amaze’ sole discretion, Amaze Members or account holders who are deemed to be repeat infringers. Amaze may also at its sole discretion limit access to the Amaze Services or terminate the accounts of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that your work has been copied and posted on our Amaze Services in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
a) a description of the copyrighted work that you believe has been infringed;
b) a description of the material that you claim is infringing the copyrighted work identified in (a), and a detailed description of where it is located on our Application; your address, telephone number, and email address;
c) a written 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; and
d) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Designated Copyright Agent: Amaze Support Team
Address of Designated Copyright Agent: 84124A Santa Monica Blvd. #228, West Hollywood, CA 90069
Email Address of Designated Copyright Agent: firstname.lastname@example.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Amaze or the alleged infringer as the result of Amaze relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
By using the Amaze Services, you agree that we may communicate with you electronically regarding your use of the Amaze Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. We may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Amaze Services. If you wish to contact Amaze, deliver any notice or withdraw your consent from receiving electronic notice, you can do so at Amazing Brands, Inc., Attn: Legal Department 8424A Santa Monica Blvd. #228, West Hollywood, CA, 90069, USA or via email to email@example.com.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and Amaze and govern your use of the Amaze Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Amaze on the subject matter hereof, other than any written agreement for Amaze Services between you and an authorized officer of Amaze relating to a specified Event, Offer or Promotion.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Amaze Services ("Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Third party Software, Links and Offers
The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the Amaze Services in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third party software.
Applicable Law and Jurisdiction
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. Amaze is based in West Hollywood, California and any legal action against Amaze related to our Amaze Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in West Hollywood, CA. Thus, for any actions not subject to arbitration, you and Amaze agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in Los Angeles County, California.
The contracting entity on the other side of these Terms is Amazing Brands, Inc., a Delaware corporation, with its principal place of business at 8424A Santa Monica Blvd. #228, West Hollywood, CA, 90069.
Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary; the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms.
Notice for California Users
Pursuant to Cal. Civil Code § 1789.3, if you are a California resident, you may have these Terms mailed to you electronically by sending a letter with your email address and a request for these Terms to Amaze, 21143 Hawthorne Blvd. Suite 800, Torrance, CA 90503. If you have a complaint regarding Amaze Services or desire further information please contact firstname.lastname@example.org. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.