Terms and Conditions
Please read this document carefully.
1. Description of Service, Acceptance of Terms, Modification
iAmplify, LLC, a New York limited liability company with offices at 369 Lexington Ave, Suite 302, New York, NY 10017 (collectively with our licensees and assignees referred to in this Agreement as "iAmplify") provides users with a platform for the sale, use and distribution of digital content through its network of properties and its affiliates, resellers, and distributors (the "Service") and the associated website, www.iamplify.com (the "Site"). The Service allows end users to download pre-recorded audio and video for personal use, and to become an affiliate by embedding a proprietary video player (the "In Site Player") in other websites as further described below (the "InSite Player Affiliate Network").
Some content consists of workout programs from personal trainers and fitness experts.
Always consult your physician before beginning or changing any exercise regimen.
If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Terms of Service Agreement (the "Agreement") between you and iAmplify. iAmplify may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site, or send them to you via e-mail or postal mail.
YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
iAmplify may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. iAmplify may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
In addition, when using particular iAmplify services, you and iAmplify shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, iAmplify may offer other services from time to time that are governed by different terms of service.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new iAmplify properties, shall be subject to this Agreement.
3. Intellectual Property
iAmplify is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Site and the Service, including but not limited to the InSite Player, all associated software, logos, text, and graphics, but excluding content provided by users or third parties. You agree not to display or use any iAmplify intellectual property without iAmplify's prior written permission.
4. License and Site Access
iAmplify grants you a limited license to access and make personal use of the Site and the Service. You agree not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of iAmplify. This license does not include any resale or commercial use of the Site, the Service, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, Service, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of iAmplify. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of iAmplify and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing iAmplify's name or trademarks without the express written consent of iAmplify. Any unauthorized use terminates the permission or license granted by iAmplify. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of iAmplify so long as the link does not portray iAmplify, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any iAmplify logo or other proprietary graphic or trademark as part of the link without express written permission. If you choose to become a member of the InSite Player Affiliate Network, you are granted a limited, revocable, and non-exclusive right to embed the InSite Player in a website owned or controlled by you using the code supplied by iAmplify. You agree not to alter, modify edit or reverse engineer the InSite Player, the content contained therein or any other portion of the Service.
5. Account, Password, Security
You will receive a password and account designation upon
completing the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You
- immediately notify iAmplify of any unauthorized use of your password or account or any other breach of security, and
- ensure that you exit from your account at the end of each session. iAmplify cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You agree to abide by the terms of this Agreement, and to not use the Service:
- to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- to collect or store personal data about other users; or
- for any illegal, immoral, or objectionable purposes.
Without limiting other remedies, your membership may be terminated and you may be denied access to the Service at any time by iAmplify if you breach this Agreement in any way. Repeat offenders will have their accounts terminated immediately.
7. Purchasing Content
You agree to pay all fees as outlined on the Site during the purchase process. You acknowledge that from time to time, iAmplify may have different offers and prices for its various services. The amount to be billed to you will be clearly outlined in the purchase page. By clicking submit after reviewing this information, you signify your agreement to pay such fees. It is recommended that you print this page for your records.
8. Use & Storage
You acknowledge that iAmplify may establish general practices and limits concerning use of the Service. You agree that iAmplify has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that iAmplify reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that iAmplify reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. InSite Player Affiliate Network
- If you own or control an eligible website, you may become a part of the InSite Player Affiliate Network by clicking "Sell" on the InSite Player and filling out the appropriate registration form. iAmplify will provide you with software code that may be inserted into webpages that contains a small tracking code. This tracking code allows iAmplify to determine the amount of iAmplify content purchased by end users through the InSite Player embedded on your site(s). For each purchase of iAmplify content made by an end user through the InSite Player embedded on your site(s), iAmplify shall pay to you a referral fee (the "Referral Fee") in an amount as set forth in the InSite Player Affiliate Network registration process and on the affiliate page of the Service, located at http://affiliates.iamplify.com. iAmplify may change the amount of the Referral Fee by posting a new rate on the affiliate page of the Service, and any new rate shall be effective seven (7) days from the date the new rate is posted. iAmplify shall pay the Referral Fee by check to the address you provide in the registration process within 30days of the end of the calendar month in which the Referral Fees are accrued, provided that if the aggregate amount due to you for any particular payment period is less than $25 iAmplify shall not issue a check for that payment period, but carry over the balance to the next. Please note that if Referral Fees payable to you exceed $500 in any calendar year, as a condition of payment, iAmplify will require you to provide your Social Security number or other tax identification number for tax reporting purposes. Your Social Security number or tax identification number shall be used only for tax reporting purposes and not otherwise disclosed to any third party.
- In order to be eligible to become a part of the InSite Player Affiliate Network, the website on which the InSite Player will appear must not and, during the term of this Agreement, shall not, as determined by iAmplify in its sole discretion:
- infringe on iAmplify,Aeos or any other third party,Aeos intellectual property, publicity, privacy or other rights;
- violate any law or regulation;
- contain any false or misleading information;
- contain or link to websites that contain or promote, any of these types of content: libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or the offer of any illegal good or service, or link to a website(s) that do so;
- promote discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age;
- engage in spamming, indiscriminate advertising or unsolicited commercial e-mail and/or be based outside of the United States; and/or
- engage in any illegal activity of any type, including but not limited to displaying illegal content or offering any illegal good or service. You remain solely responsible for all content on your website. Your site(s) must not portray iAmplify, its content providers, affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
- If you already have a separate written agreement with iAmplify for you to supply or distribute content to or from iAmplify, you may not be eligible to join the InSite Player Affiliate Network or receive any Referral Fees; in this case, please contact email@example.com to enquire about participating in the InSite Player Affiliate Network. In the event of any conflict between this Agreement and any separate written agreement between you and iAmplify, the terms of the separate written agreement shall control.
- You may terminate this Agreement by sending an email with the word "Terminate" in the header to firstname.lastname@example.org. iAmplify has the right to terminate this Agreement at any time for any reason upon notice via email to you. Upon any termination of this Agreement, you must cease all use of the Service, including as part of the InSite Player Affiliate Network.
- Sections 3, 11, 12, 13, 14, 15, 16 and 19 of this Agreement shall remain in full force and effect following the termination of this Agreement. The termination of this Agreement shall not relieve you or iAmplify of your respective obligations to make any payments with respect to the sale or other use of content in the periods prior to such termination in accordance with this Agreement.
11. Third-Party Content, Links and Sites
iAmplify is not responsible for any third-party content, applications, services, advertisements, and/or links that may be contained in the Site or the Service, or the content of any third-party sites on which the InSite player may appear, including but not limited to sites that are members of the InSite Player Affiliate Network. Any correspondence, business dealings with, or participation in promotions of third parties found on or through the Site or in connection with the InSite Player, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. iAmplify has no control over third-party websites or resources, and as such, you acknowledge and agree that iAmplify is not responsible for their availability, reliability, or functionality, and does not endorse and is not responsible or liable for any third-party content, applications, services, advertising, products, or other materials on or available from such websites or resources. iAmplify shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content on the Site or as a result of the failure of such third-party services, applications, or content to function as intended.
12. Representations & Warranties
- You represent and warrant that you are at least 18 years of age and have full authority to enter into this Agreement and to fully perform your obligations hereunder.
- You represent and warrant that you shall not act in any manner which conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
- You represent and warrant that you shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IAMPLIFY EXPRESSLY DISCLAIMS ALL LIABILITY AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IAMPLIFY MAKES NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IAMPLIFY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
14. Indemnification, Limited Liability
- You hereby indemnify and hold harmless, and upon iAmplify's request, defend, iAmplify its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation of yours under this Agreement. You will reimburse iAmplify and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 14, provided that iAmplify obtains your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. iAmplify shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon iAmplify's request. iAmplify shall have the right, at its expense, to participate in the defense thereof under your direction.
- EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 14(a), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. IN ANY EVENT, IAMPLIFY,AeoS TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY OR TO YOU IN THE 12 MONTHS PRECEDING THE DATE SUCH LIABILITY AROSE.
You understand, acknowledge, and agree that you are using the Service at your own risk, and neither iAmplify nor any content provider associated or affiliated with the Service have any liability of any kind for any injury you may sustain as the result of your use of the Service. You should always consult your physician before beginning or changing any exercise regimen.
16. Applicable Law
This Agreement and the relationship between you and iAmplify shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and iAmplify agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.
18. Copyright Infringement
iAmplify respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide iAmplify's copyright agent with the following information ("Notice"):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a 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 (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to iAmplify at:
iAmplify Legal Department
369 Lexington Ave, Suite 302
New York, NY 10017
Please note that this procedure is exclusively for notifying iAmplify and its affiliates that your copyrighted material has been infringed.
- The failure of iAmplify to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- The section titles in this Agreement are for convenience only and have no legal or contractual effect.