Please read this agreement carefully to ensure that you understand each provision.
1. Use of Our Service
AmoyShare operates an online design platform and media licensing service that empowers our users, members, artists, designers, photographers and others to design and collaborate. We provide ready-made media and content that is licensable for use in accordance with our various licenses.
Eligibility. You may use the Service only if you can form a binding contract with AmoyShare, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
License to use the AmoyShare Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. AmoyShare reserves all rights not expressly granted herein in the Service and the AmoyShare Content (as defined below). AmoyShare may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from or upload to the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads or downloads.
2. AmoyShare Accounts
Your AmoyShare account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an AmoyShare account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to AmoyShare with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. In order to be accepted as a Contributor (as defined below), we may require you to submit a valid photo identification. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify AmoyShare immediately of any breach of security or unauthorized use of your account. AmoyShare will not be liable for any losses caused by any unauthorized use of your account.
Certain portions of the Service may allow you to create or contribute to group accounts (“Brands”). Access to a Brand will be made available only to those Users who are authorized by the creator or controller of the Brand (“Brand Owner”). The Brand Owner will be responsible for adding Users to the Brand, for managing permissions for authorized Users, and otherwise for managing the account as set forth in this Agreement.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing AmoyShare your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
When you create an AmoyShare account, you have to provide us with accurate information. You are responsible for any activity that occurs on your account, so make sure you have a strong password.
Your AmoyShare account is your unique identity. Don’t let anyone else use your AmoyShare account.
You can control your User profile and how you interact with the Service by adjusting your account settings. We might email you important messages and information we think you’ll find useful. We will stop sending you promotional materials if you tell us you’re not interested.
3. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the AmoyShare servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any AmoyShare Content (as defined below), including any AmoyShare trademarks, in any manner that might tarnish, disparage, or reflect adversely on such AmoyShare Content; (xiv) using any AmoyShare trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xv) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with AmoyShare trademarks; (xvi) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of AmoyShare; (xvii) using any AmoyShare Content to link to the AmoyShare website without the prior written consent of AmoyShare; or (xviii) framing or hotlinking to the Service or any content other than your own without the prior written consent of AmoyShare.
You are solely responsible for your interactions with other AmoyShare Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. AmoyShare shall have no liability for your interactions with other Users, or for any User’s action or inaction.
4. User Content
We welcome you to upload content to AmoyShare, but we don’t allow anything that is offensive, obscene, or could constitute or contribute to a criminal or civil offense, including copyright and other Intellectual Property Right violations.
If you want to contribute content to AmoyShare to be licensed to other Users in exchange for royalties, you must agree to the AmoyShare Contributor Agreement.
You promise that you have all necessary permissions and rights to submit the content you provide to us, and that your content won’t infringe anyone’s rights or violate any laws. You promise that your information is truthful. We’re not responsible for your content in any way.
You’re also promising:
– You have sufficient rights to use everything you submit.
– Your content is appropriate for use on our Service.
– You won’t spam people.
– You won’t compete with AmoyShare for advertising clicks to promote your AmoyShare profile.
If we think you’re violating this Agreement, we may freeze your account until we figure it all out.
5. User Content License Grant
When you publish designs with User Content, you’re granting us the rights necessary to host them in public view. These rights are only required when you publish User Content on the platform, not for designs that you only download and publish elsewhere.
6. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “AmoyShare Content”), and all Intellectual Property Rights related thereto, are the exclusive property of AmoyShare and its licensors (including other Users who post User Content or contribute Stock Media (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any AmoyShare Content. Use of the AmoyShare Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
7. Paid Services
7.1 Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. AmoyShare may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
7.2 Return Policy
AmoyShare unconditionally guarantees your satisfaction with any Products that you purchase through the Services. If you are unsatisfied with any Products you have purchased from AmoyShare, we will gladly accept the return of any Product you have ordered for any reason within fifteen (15) days of your receipt of the Product. However, we have to be sorry that no refunds 15 days after your receipt of any AmoyShare Product.
7.3 Payment Information
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
AmoyShare cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10. Third-Party Links
11. Music Uploaded
We are not legally responsible for the music provided and reserve the rights of usage, broadcast and promotion. Concerning the music uploaded by you to our service, it’s on your own behalf and risk, we assume no legal responsibility for. Therefore, please upload legal and copyrighted music when using our service. Besides, we reserve the right to delete any links and music files from our search engine if we have any doubt on their legality or are prompted to do so by third parties.
12. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and AmoyShare’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at [email protected] with any questions regarding this Agreement.