Terms and Conditions of Use

Welcome to Amuen, a social networking service that allows members to connect with friends, and create unique, personal profiles online in order to promote their art and/or other causes. The services provided by Amuen include any Amuen-branded URL, the Amuen email service, the Amuen portfolio service, the Amuen iPhone application, and other features (example: music, video, embedded players, blog space, for sale friend, classified section, and others), and any other features, content, or applications offered by Amuen in connection with Amuen’s business (collectively, the “Amuen Services”). The Amuen Services are located in the United States, and are operated by Neuma Tattoo Machines, Inc. and its corporate affiliates. By accessing or using our website at www.amuen.com or the mobile version thereof or by posting an image, or video, or blog, or button of any kind on your site, you, the “User”, signify that you have read, understand, and agree to be bound by these terms and conditions of use, whether or not you are a registered member of Amuen. We hereby reserve the right, at our sole discretion, to add, modify, change, or delete these Terms and Conditions of Use at any time without notice. We will post any changes made to these terms and conditions of use on this terms, or “agreement” page, and will update the date it was last revised .If you do not agree to be bound by these terms of use, then do not use or access the service(s) of this site. If you do wish to become a member of Amuen, communicate with other members of Amuen, and use or make use of the services provided by Amuen, you must read this agreement and also indicate that you accept these terms during the registration process. You are responsible to know and understand these terms, and to regularly check the terms of service to see whether they have been updated and to review such changes.

This agreement includes Amuen’s policy for acceptable use of Amuen Services or content posted on or through Amuen Services and your rights, restrictions, and obligations regarding your use of the Amuen content and services and content posted on or through Amuen Services.Please be careful choosing what information or images you post on or through Amuen Services and that you provide to other users. Your Amuen profile must not have any form of Prohibited Content. Despite this prohibition, products, services, data, or materials provided by other Amuen members may, in part or in whole be unauthorized or otherwise violate this agreement, and Amuen assumes no liability or responsibility for any such material. If you notice or become aware of any misuse by another Amuen user or users, please use the report this user button or the contact Amuen link at the bottom of Amuen web pages.

Amuen reserves the right to refuse to post or remove any posting by you, or to reject, restrict, deny, suspend, or terminate your access to any and/or all parts of the Amuen Services, for any reason, at any time, with or without warning or explanation, and without any liability. Amuen reserves the right to remove your profile and/or restrict, deny, suspend, or terminate your access to any part or all parts of the Amuen Services if Amuen discovers, in its sole discretion, that you pose a threat to Amuen or its users, or if you violate any part of this agreement.

Eligibility
Use of the Amuen Services and member registration for the Amuen Services is void where prohibited. By using the Amuen Services, you warrant and represent that (a) you are 13 years of age or older; (b) all information you submit during registration is truthful and accurate; (c) you agree to maintain the accuracy of said information; (d) your use of the Amuen Services does not violate any applicable regulation or law. Your membership may be terminated at any time, and your profile deleted at any time, if you are under the age that is permitted on the site (age 13), or if you represent yourself as 18 years old or older, while you are under the age of 18, or if you represent yourself as under the age of 18, while you are over the age of 18.

Term
The terms of this agreement, and any posted revision to this agreement, shall remain in effect while you use the Amuen Services or are a member. You may terminate your membership at any time for any reason, by following the instructions on the account settings page. Amuen can suspend or terminate your account at any time, for any reason, with or without notice, and without liability. Even after membership is terminated, this agreement shall remain in effect, with regard to Amuen sites or services.

Fees
By using Amuen and/or its services, you acknowledge that Amuen reserves the right to charge for any portion of the Amuen Services, and Amuen also reserves the right to change the fees (if any) from time to time at its own discretion. If your Amuen account is terminated for misuse, according to the terms and conditions and guidelines for acceptable behavior, you will not be entitled to a refund of any fees (if any).

Account Security
Your Amuen account will have a login with a password that you choose. You are solely responsible for maintaining the security and confidentiality of your password. You also agree not to use the username, password, or account of another member other than yourself at any time. You also agree to notify Amuen if you suspect that someone has your password or is using or logging on to your page. You are responsible for any and all use of your account.

Use by Members
The Amuen Services are for the personal use of the Amuen Members and may also be used for promotional purposes as well. However, direct commercial endeavors may only be used if they are authorized or endorsed by Amuen. Amuen has and reserves the right to remove commercial content, at its own discretion. Unauthorized use of the Amuen Services, including collecting usernames/id numbers and/or email addresses of Members for the purpose of sending unsolicited email or framing or linking to the Amuen website, or employing third party promotional sites or software to promote profiles for money, is prohibited.

Proprietary Rights in Site Content
All content on the Amuen sites or Services, including text, designs, videos, pictures, graphics, information, applications, software, music, sound, and other files (the site “Content”), are the proprietary property of the company or the individual, its users and or licensed affiliates with all rights reserved. No site content may be copied, distributed, modified, reproduced, republished, framed, displayed, scraped, downloaded, transmitted, posted, or sold in any form, or by any means, in whole or in part, without the company’s or individuals prior written permission, except for the individual or company itself when legally posting their own content.

Content Posted
Amuen reserves the right to refuse to post, reject, or delete any content for any reason, including content, that in the judgment of Amuen violates this agreement or which may be offensive, illegal or violate the rights of any user, person, or entity, or threaten the safety of any user, person, or entity. Amuen assumes no responsibility for monitoring the Amuen Services for inappropriate content. You, the user, are solely responsible for the content that you post on Amuen sites, or through Amuen Services. You, the user, are responsible for any and all material, information or content that you transmit to other Amuen Members and for your interactions with other Amuen users.

Prohibited Content/Activity
Below are some examples of content and/or activities that are not permitted to post or are illegal on the Amuen Services. Amuen reserves the right to take appropriate legal action against anyone who violates this provision, including but not limited to removal of said content and/or termination of the users account. Amuen will use its sole discretion when deciding whether such posts are to be considered offensive and/or illegal on the Amuen sites. Prohibited content includes, but is not limited to, content that:
-is offensive and promotes racism, hatred, or physical harm of any type against any group and/or any individual;
-harasses any other person or user or advocates the harassment of any person, user, or group;
-solicits information of a personal nature from any person under the age of 13;
-promotes illegal activities or abusive conduct or threatening content;
-exploits people or users in a violent or sexual manner;
-posts information that creates a privacy or security risk to any person or user;
-contains excessive violence, nudity, or other offensive subject matter that would be likened to an adult website;
-promotes or constitutes an illegal or unauthorized copy of another users copyrighted works, such as providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated or stolen music or links to pirated or stolen music files;
-involves transmission of chain letters, or junk mail, or mass-mailing, or spimming, or spamming;-promotes or furthers any criminal activity or enterprise;
-solicits personal identifying information or passwords for commercial or unlawful purposes from other users;
-involves commercial activities and/or sales without written consent from Amuen;
-includes a video or image of another person or user without that persons consent; or
-violates the publicity rights, copyrights, contract rights, privacy rights, trademark rights, or any other rights of any person or user.
Prohibited activity includes, but is not limited to:
-torturous or criminal activity, including fraud, child pornography, harassment, gambling, drug dealing, spimming, spamming, stalking, sending of viruses or other harmful material, theft of trade secrets, copyright infringement, or patent infringement;
-solicitation of, or advertising to, any member or user to buy or sell any products or services through the unauthorized use of the Amuen

Services.
You may not transmit any junk mail to any people or users. If you breach this agreement and send unsolicited bulk mail or other unauthorized commercial communications of any kind through the Amuen Services, you acknowledge that you will have caused harm to Amuen, but that the amount of such harm would be very difficult to ascertain. As a reasonable estimation of said harm, you agree to pay Amuen $50 for each such unsolicited email or other commercial communication you send through the Amuen Services;
-circumventing or modifying any security technology or software that is part of the Amuen Services;
-activity involving use of viruses, worms, bots, or any other computer code, files or programs that destroy, interrupt, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
-obscuring the banner advertisements on your profile page, or any other Amuen Services page(s) via HTML/CSS or any other means;
-any automated use of the system;
-disrupting, interfering with, or creating an undue burden on the Amuen Services or the network or services connected to the Amuen Services;
-impersonating another person, user, or entity on the Amuen Services;
-disclosing your password to any third party or permitting any third party to access your account, using the account, username, or password of any other peron, user, or entity at any time;
-selling or transferring your profile;
-displaying an unauthorized commercial advertisement on your profile;
-using the Amuen Services in a manner inconsistent with any and all applicable regulations and laws

Member Disputes
You are solely responsible for your interactions with other Amuen users. Amuen reserves the right, but has no obligation, to become involved in any way with disputes between you and other members.Privacy

Use of the Amuen Services is also governed by our Privacy Policy, which, by this reference, is incorporated into this agreement.

Disclaimers
Amuen is not responsible or liable in any manner for any user content or third party applications, software or content posted on the site or in connection with the service, whether posted or caused by users of the site, by Amuen, by third parties or by any of the equipment or programming associated with or utilized in the site or service. We are not responsible for any offensive or inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the site or in connection with any user content or third party applications, content, or software. Amuen is not responsible for the conduct of any user of the Amuen Services.

Amuen assumes no responsibility for any error, omission, interruption, defect, deletion, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration to, User communications. Under no circumstances will Amuen be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone’s use of the site or the service, any user content or third party applications, software or content posted on or through the site or the service or transmitted to users, or any interactions between users of the site, whether online or offline.

The site, the service, any platform applications and the site content are provided “as-is” and the company disclaims any and all representations and warranties, whether express or implied. The company cannot guarantee and does not promise any specific results from the use of the site, and/or the service, and/or any platform applications. The company does not represent or warrant that software, content or materials on the site, the service or any platform applications are accurate, complete, reliable, current or error-free or that the site or service, its servers, or any platform applications are free of viruses or other harmful components. You understand and agree that you download or otherwise obtain material, content, data or software from or through the service and any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or any other kind of harm that may result.

Amuen reserves the right to change any and all content, software and other items used or contained in the site and any services and platform applications offered through the site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, supplier, and manufacturer or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Amuen.

Limitation on Liability
Under no circumstances and in no event shall Amuen be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the Amuen services.

Governing Law
By visiting or using the Amuen site or service, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and Amuen and any of our affiliates. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Indemnity
You agree to indemnify and hold the company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any user content, any third party applications, software or content yo post or share on or through the site, your use of the service or the site, your conduct in connection with the service or the site or with other users of the service or the site, or any violation of this agreement or of any law or the rights of any third party.

Other
This agreement is accepted by your use of the Amuen site and is further affirmed by you becoming a member. This agreement constitutes the entire agreement between you and Amuen regarding the use of the Amuen services. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE