1. The Scope of the Terms and Conditions
1.1. The following Terms and Conditions (hereinafter referred to as the “Terms”) regulate the access and usage of the Amusone website accessible at http://www.amusone.com/ as well as any services provided via the Amusone website (hereinafter referred to as the “Site”) and are entered into by and between Capricorni Undertaking Sp. z o.o. dba Amusone, a company registered under the laws of Poland with its address at Jaktorowska 24, Zyrardow, 96-300, Poland (hereinafter referred to as “Amusone” or “Us”) and any user accessing the Site whether individually or on behalf of another entity (hereinafter referred to as “You” or “User”).
1.2. Your right to access and use the Site is conditional upon acceptance of the Terms. By accessing the Site, You acknowledge that You have read the Terms and agree to be bound by them. If You do not agree to the Terms or any part hereof You should immediately cease all access and usage of the Site.
1.3. Amusone may change or modify the Terms at any time at its own discretion. An updated version of Terms shall be posted on the Site, replacing the previous iteration of the Terms. Any changes to the Terms shall become effective as of the moment of posting on the Site. It is your responsibility to review the Terms on a regular basis and Amusone is not obligated to notify you of such changes. Your continued access to the Site shall indicate your agreement to comply with any changes to the Terms posted on the Site.
1.4. The Site is intended only for Users that are 18 years old or older. Any person below the age of 18 years old is not allowed to access the Site.
2. Access and Use of the Site
2.1. Subject to the Terms, Amusone grants you a limited, non-exclusive and non-transferable right to access the Site and use services that may be provided on the Site.
2.2. Any part of the Site may be changed or made inaccessible by Amusone for the purposes of commercial necessity, improvement of user experience or any other reason in Amusone’s sole discretion.
3. Prohibited Usage
3.1. You are explicitly forbidden from using the Site or any part thereof in violation of the Terms, the applicable law, rights of Amusone any third parties or for any purpose other than the intended purpose of the Site.
3.2. Furthermore you are specifically forbidden from:
3.2.1. Copying, reproducing, making derivative works from the Site or any part thereof, including reverse engineering, data mining or otherwise accessing the Site’s source code.
3.2.2. Using the Site in any manner that is intended or may lead to damaging the Site, Amusone or any other third party.
3.2.3. Taking any actions that may impact the accessibility of the Site or affect other users.
4. Intellectual Property
4.1. You acknowledge and agree that all of our trademarks, logos, copyrights and all other intellectual property rights in all content and materials on the Site shall remain vested in Amusone at all times, unless explicitly stated otherwise by Amusone. In cases where materials or content on the Site are used under the license from a third party, such rights remain vested in the owners of such material or content. Unless explicitly stated otherwise, all content and materials within the Site are owned by Amusone or used by Amusone under authorization and are protected by all applicable trademark and copyright laws.
5. Privacy Policy and Other Policies
5.1. Your use of the Site is furthermore governed by Amusone Privacy Policy and other policies which Amusone may establish from time to time which are incorporated into the Terms by reference.
6. Disclaimer of Warranties
6.1. The Site is provided “as-is” and “as-available” basis and Amusone disclaims any representations and warranties of any kind in regards to the Site and any content on the Site. Amusone does not provide any guarantee that that the Site or any part of the Site will be, without limitation, available, complete, accurate, free of errors or viruses. Amusone strives to provide the Users with best experience, but it is Your responsibility to implement the necessary security measures to avoid any losses of data or damages that may be caused by viruses and errors. Furthermore, no information located on the Site is intended to be interpreted as advise. You are solely responsible for any actions you take in reliance on any information stated on the Site.
6.2. Unless explicitly stated otherwise, any links on the Site to other websites should not be interpreted as stating or implying any approval, endorsement, association or affiliated with the linked website or guarantee of the safety, legality, quality or suitability of the website to which the Site links. We strive to provide best experience for the Users however we are not responsible for the content, actions, services, or products located at such linked website. We strongly suggest reviewing any terms and legal statements that may be located on such websites as Amusone will have no ability or obligation to assist in you in any matter related to the sites accessed via such links.
7. Limitation of Liability
7.1. To the fullest extent permitted by the applicable law, Amusone disclaims any and all liability in connection with the Site, whether under tort, contract, negligence, strict liability or other legal or equitable theory, including any special, indirect, incidental or consequential losses or damages of any kind arising out of the use or inability to use the Site, any part of the Site or any data on the Site, regardless whether such losses or damages are foreseeable or not.
7.2. To the fullest extent permitted by the applicable law, the total amount of liability of Amusone shall be limited by 1000 USD.
7.3. To the fullest extent permitted by the applicable law, any claim arising out of or relating to the Terms and/or the Site must be brought no later than one calendar year after the occurrence of the event which gave rise to such claim.
7.4. You understand and agree that your sole remedy against Amusone in regards to the Terms and the Site is to cease usage of the Site.
7.5. Under applicable law certain limitations of liability may not be permitted in specific cases. In such cases, this section shall be amended to apply in the fullest possible manner, excluding only the specific case for which the limitation of liability is expressly forbidden by the applicable law.
8. Indemnification
8.1. You agree to indemnify, defend and hold harmless Amusone, its parents, subsidiaries, affiliates, customers and vendors, and their respective officers, directors and employees from any liability, damage, cost, or fees (including reasonable attorneys' fees) arising from: (i) any claim or demand made by any third party due to or arising out of your access to the Site; (ii) your use of the Site; (iii) Your violation of the Terms.
9. Term and Termination
9.1. The Terms shall remain in full force and effect during your entire usage of the Site. You may terminate your participation at any time by ceasing to use the Site or any part of the Site.
9.2. Amusone may, it its sole discretion, terminate or suspend use of the Site at any time for any or no reason without prior notice to You and without accruing any liability. Any provisions of these Terms which by their nature are intended to survive the termination shall survive termination including, but not limited to warranty disclaimers, limitation of liability and indemnification clauses.
10. Governing Law & Dispute Resolution
10.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its choice of law provisions. You agree to submit to the exclusive jurisdiction of the courts of London, England.
10.2. You hereby expressly waive any right to trial by jury or to resolution of dispute via arbitration.
11. General Terms
11.1. Severability. If any part of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
11.2. Assignment. Amusone may assign its rights and obligations whether in whole or in part to a third party as its sole discretion without notification. User may not assign its right or obligations to another party and any attempt to do so by User shall be null and void and may lead to termination of User’s right to access and use the Site at Amusone’s discretion.
11.3. Entire Agreement. The Terms constitute the entire agreement between Amusone and the User in regards to access and usage of the Site. The Terms supersede any prior communications, understandings or agreements between Amusone and the User in regards to subject matter herein.
11.4. Communication. Any questions, concerns, or notices in regards to the Site or these Terms should be sent to Amusone via the designated email legal@amusone.com. By communicating with us electronically you acknowledge that such email communications are not considered confidential.