Terms of Service
These terms apply to your use of the www.amran.com (the "Website"). By accessing, browsing, crawling, scraping or in any way using the Website, you agree to these terms, our privacy policy (the "Privacy Policy"), and all other guidelines or policies referenced herein (collectively, the "Terms of Service"). Please read the Terms of Service carefully. Your use of the Website constitutes your acceptance of the Terms of Service. Do not use the Website if you are unwilling or unable to be bound by the Terms of Service.
- Definitions.
- Eligibility.
- Changes to the Terms of Service.
- User Accounts.
- Use of the Website.
- Restrictions on Use.
- use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website;
- use the Website to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use the Website for promotional or commercial purposes, except as expressly permitted by Amran;
- use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
- use the Website for keyword spamming or to otherwise attempt to manipulate search results;
- use the Website to promote bigotry or discrimination against protected classes;
- use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- use the Website to transmit or post pornography or illegal content;
- use the Website to solicit personal information from minors or to harm or threaten to cause harm to minors;
- use the Website in violation of the Terms of Service or any applicable law;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Webite or Website Content (other than Your Content), except as expressly authorized by amran;
- reverse engineer any portion of the Website, except as may be permitted under the law;
- remove or modify any copyright, trademark or other proprietary rights notice on the Website or on any materials printed or copied off of the Website;
- record, process, or mine information about other users;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Website or any Website Content;
- access, retrieve or index the Website to construct or populate a searchable database of business reviews;
- reformat or frame any portion of the Website;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on amran's technology infrastructure;
- attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website or any Website Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; make excessive traffic demands; use the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Website or Website Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.
- Permission to Use Your Content.
- Responsibility for Your Content.
- Use of Content.
- Copyright Dispute Policy.
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the Content on the Website that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Amran to locate such Content;
- A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
- Identification of the Content that was removed, and the location on the Website where it would have been found prior to its removal;
- A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Amran is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
- Content Feeds
- Website Availability.
- Unauthorized Access.
- Investigations.
- Feedback.
- Termination
- Ownership.
- Warranties, Disclaimers, and Limitations of Liability.
- Indemnity.
- Third Parties.
- Miscellaneous.
- Contact and Violations.
A "user" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Website. The terms "you" and "your" refer to you, as a user of the Website. The terms "we", "us", and "Amran" refer to Amran Inc., a Delaware corporation. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit, post, or transmit to, or using, the Website, such as the business ratings, reviews, compliments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the Website. Your Content does not include the information that you submit in order to create an account on the Website. "User Content" means Content that users submit, post, or transmit to, or using, the Website. "Amran Content" means Content that is created by Amran and made available on the Website. "Third Party Content" means Content that is made available on the Website by parties other than Amran or the users, such as data providers that license data to Amran for use on the Website. "Website Content" means all of the Content that is made available on the Website, including Your Content, User Content, Third Party Content, and Amran Content.
You must be at least 18 years old and a resident of the United States. If you are a resident of the United Kingdom, you are instead bound to our U.K. Terms of Service. If you are a resident of Canada, you are instead bound to our Canadian Terms of Service. If you are a resident of Ireland, you are instead bound to our Ireland Terms of Service. Otherwise, you may not use the Website. If you use the Website on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise).
The Terms of Service may be modified by Amran at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon Amran's posting of new Terms of Service. Your continued use of the Website after any posted modification to the Terms of Service indicates your acceptance of the modification.
To use some of the features on the Website, you may be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:
A "Personal Account" is an account for your personal, non-commercial use only, and may be used to submit, post, and transmit reviews, ratings, messages, compliments, invitations, commentary, photographs, and other types of User Content. In creating a Personal Account, we ask that you provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Website, though you may opt instead to provide information that does not make you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple Personal Accounts.
A "Business Account" is an account for use on the Website as a representative of a business that is listed on the Website. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.
Subject to the restrictions in these Terms of Service, Amran grants you permission to use the Website, including the ability to: (a) search for local business and services, (b) read, write, and share reviews about local businesses, (c) announce local events, (d) post messages on talk boards, (e) send messages to other Users, and (f) invite people you know to register with Amran.
You will be exposed to User Content and Third Party Content on the Website. You understand that such content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Amran does not endorse User Content or Third Party Content, and cannot vouch for its accuracy.
You agree that you will not:
You grant Amran the irrevocable right to use Your Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your account name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms ("Other Media"). You grant the Website's users and the users of any Other Media the irrevocable right to access Your Content in connection with their use of the Website and any Other Media. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Amran. Because you alone are responsible for Your Content (and not Amran), you may expose yourself to liability if, for example, Your Content violates a third party's rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Amran may or may not use User Content in its sole discretion. For example, we may choose not to publish User Content if we believe it violates the Terms of Service or content guidelines. In addition, please note that we have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. Amran and its licensees may display advertisements and other information adjacent to or included with Your Content on the Website and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Amran has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of Amran's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is Amran's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by Amran to be "repeat infringers". Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Website, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
Please note that Amran may, at its sole discretion, send a copy of such notices to third parties for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the Website infringes your copyright. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Website pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
Address for Designated Agent. Please contact the Designated Agent at the following address:
[name]
Copyright Agent, amran Inc.
[address]
Phone: [phone number]
Fax Number: [fax number]
Email to: info@amran.com
The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to; instead, such inquiries should be made through the procedures referenced in Sections 15 or 22 below.
Amran makes some of the Website Content (the "Feed Content") available via Real Simple Syndication and Atom feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, Website, or blog, provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on the Website and attributes Amran as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that Amran promotes or endorses any third party causes, ideas, web Websites, products or services, (d) you do not redistribute the Feed Content, and (f) your use of the Feeds does not overburden Amran's systems. Amran reserves all rights in the Feed Content and may terminate the Feeds at any time. Please contact our Business Development team through our contacts page here to inquire about permitted uses of the Feeds.
Amran reserves the right (but is under no obligation) to modify, update, or discontinue the Website at its sole discretion, at any time, for any or no reason, and without notice or liability.
Amran reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Website, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Amran is under no obligation to monitor the Website or Website Content. However, we reserve the right to investigate possible violations of the Terms of Service, block users from the Website, and refer matters to law enforcement authorities for further investigation. Amran may disclose information to third parties, including Your Content, in accordance with its Privacy Policy.
Dissatisfaction. If you are dissatisfied with the Website, please let us know by providing feedback to the customer support team through our contacts page here. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Website, (ii) the Terms of Service, (iii) any policy or practice of Amran in operating the Website, or (iv) any content or information transmitted through the Website, is to terminate the Terms of Service and close your account.
Suggestions and Improvements. By sending us any ideas, suggestions, documents and/or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
Amran may terminate or suspend your account or ability to use the Website, in whole or in part, at Amran's sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Website if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Website, Your Content, Website Content, or any other related information.
You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Website, and providing Amran with a notice of termination here under the drop-down heading "Help me use Amran" with the sub-topic "Close my account".
In the event of any termination, whether by you or us, Sections 7, 8, 9, 10, 14, 15, 16, 17, 18, 19, and 21 of the Terms of Service will continue in full force and effect, including Amran's rights with respect to Your Content, as detailed in Section 7.
Amran owns the Amran Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website excluding User Content and Third Party Content. Amran also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Amran Content and the Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the Amran Content in whole or in part except as expressly authorized by Amran. Except as expressly and unambiguously provided herein, Amran does not grant you any express or implied rights, and all rights in and to the Website and the Amran Content are retained by Amran.
THE WEBSITE AND ALL WEBSITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. AMRAN MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE WEBSITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE WEBSITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE WEBSITE OR WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE WEBSITE. AMRAN FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM AMRAN OR THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
AMRAN DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF AMRAN OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
AMRAN FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE WEBSITE.
AMRAN ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE WEBSITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH AMRAN RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
AMRAN'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO AMRAN IN CONNECTION WITH THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.
You agree to indemnify and hold Amran, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Website, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Amran reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Amran. Amran will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Website may include links to other Websites (each, a "Third Party Website"). Amran does not control or endorse any Third Party Website, and you agree that Amran is not responsible for the availability or contents of such Third Party Websites.
Some of the business listing information on the Website was licensed from Acxiom Corporation. For all such information, the following applies: This information is proprietary to Acxiom Corporation and is protected under U.S. copyright laws and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such Acxiom information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access this information.
The Website's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s Terms of Service located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).
If there is any dispute about or involving the Website or Amran, you agree that any such dispute will be governed by the laws of the State of [Massachussets] without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in [location].
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind Amran in any respect whatsoever.
Amran may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Website.
Except as otherwise stated in Section 20 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms of Service contain the entire agreement between you and Amran regarding the use of the Website, and supersede any prior agreement between you and Amran on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
The failure of Amran to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
The Terms of Service are not assignable, transferable or sublicensable by you except with Amran's prior written consent, but may be assigned or transferred by Amran without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to our legal department through the contacts page here.