TERMS OF SERVICE
This website is operated by AMGmedia Works Inc. Throughout the site, the terms “we”, “us” and “our” refer to AMGmedia Works Inc. AMGmedia Works Inc offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall AMGmedia Works Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless AMGmedia Works Inc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of #26 – 2600 Beaverbrook Cres, Burnaby, BC, V3J 7W6, Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
Terms of Service (TOS)
We, AMGmedia-labs.com, agree to provide you with webhosting services subject to this Agreement.
In this Agreement, the words “us”, “we”, “our”, “ours” refer to AMGmedia-labs.com and the words “you”, “your”, “they”, “them” will refer to you, a customer of AMGmedia-labs.com.
Your Account with Us
Billing and Payments
In exchange for us providing Services to you, you will pay us our previously agreed upon monthly fee on or before the first of every month.
You will pay us interest on all amounts owing to us with the amounts payable, at an interest rate of 18% per annum, calculated and accruing monthly, with all interest calculated on both principal and interest amounts combined.
Contact & Billing Information
You will provide to, and maintain with, us accurate contact information about you, including, but not limited to, e-mail addresses not based on your account’s main domain, telephone contacts, and regular mail contacts.
Disputes and Failure to Pay
You will advise us of any dispute with our fees within 30 days after we render our bill to you or we charge your credit card. If you pay a bill or fail to dispute a charge on a bill within 30 days after we render a bill, then you accept the charges on the bill. We may charge you an additional fee of $50 if your credit card issuer charges back a fee properly charged to your credit card.
Refund for Shared Hosting Customers
We may issue a refund to a customer who purchases shared hosting services for such services if they deliver a notice that they wish to cancel the shared hosting service within 30 days after we issue a shared hosting customer their account log-in details.
We have no obligation to refund any money, to anyone, for any reason. If we choose to refund any money to any customer, other than for the first month of shared hosting services to a shared hosting customer, then we will do so at our complete discretion.
If, at your request, we transfer your data from another service provider to our servers or from our server to another service provider or anyone else, then we will transfer that data as a courtesy service and we make no guarantees, assurances, or warranties regarding the quality of that transfer.
Prohibited Service Uses
Prohibited Uses of Account
You will not do, or attempt to do, any of the following, or allow any of the following to be done, or attempt to be done, directly by you or anyone else, using or through our Services (Prohibited Uses of Account):
- engage in any business that violates any Canadian, American, or International Law generally;
- violate or infringe on any trademark, copyright, patent, trade secret, or any kind of intellectual property using our Services, specifically, but not exclusively, sharing or providing copyrighted materials such as text, music, images, photography, pirated software, bit torrents, and program archives;
- transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm, or destruction of property;
- publish or republish defamatory material;
- store, exchange, or facilitate the trade of the following content:
- any kind of child pornography;
- malicious software including, but exclusively, virus and worm libraries, hacker programs/archives, Warez;
- any material which, in our sole judgment,is obscene or threatening;
- make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters;
- add, remove, or modify identifying network header information to deceive or mislead;
- attempt to impersonate any person by using forged headers or other identifying information;
- make misrepresentations or misleading statements with an intent to cause another person to act on it;
- engage in any activity that affects other people’s ability to use any services or other Internet services, including “denial of service” (DOS) attacks against another network host or individual use and interfering with or disrupting other network users, services or equipment;
- enter another system or network without consent;
- access other accounts or internet services, whether hosted by Us or not;
- penetrate security measures of other systems;
- issue any kind of unsolicited e-mail, such as spam;
- advertise your site using spamming services, such as SPAM, Spamvertised, or other spamming service that my use fax, e-mail, instant messaging, or usenet/newsgroups;
- access other networks without consent;
- breach or break securitiy measures on other systems;
- share your password or system access information with anyone else;
Prohibited Uses of Network Resources
You will not do, cause to be done, or allow to be done, any of the following (Prohibited Uses of Network Resources):
- use more than 30% of a systems resources for longer than 1 minute or more than 55,000 inodes on any single account;
- use your shared or semi-dedicated accounts for file storage of other accounts, backups, storing backups of dvd’s, mp3’s, or any files larger than 150MB;
- send more than 1000 emails per hour, for shared, semi-dedicated, or reseller account;
- exceed your allocated bandwidth usage amount;
- use excessive CPU cycles or any resources that cause strain to other sites;
- execute, or allow to be executed, IRC, IRC bots, or proxy services using our Services; and,
- if you are a shared hosting services customer, will not allow programs to run continually in the background.
Customers using virtual private servers or dedicated services may run any legal daemons, except for IRC and Proxy services.
Intellectual Property Ownership
Internet Protocol Ownership
We own all Internet Protocols, numbers, addresses, and access that we assign to you. You cannot use any Internet Protocols that we assign to you inconsistently with this Agreement. We may change or remove any Internet Protocol assigned to you in our sole and absolute discretion.
You Provide Us with Information
You agree to provide us with any information that we may request from you to establish and provide services to you, such as government issued identification, credit card information, an accurate description of your business, and any other such information.
We May Disclose Information
Subject to any separate agreement entered into between you and us, we may disclose customer information, account information, IP addresses, and content on our services if required to do so by court order, subpoena, search warrant, summons, or order issued by an administrative tribunal.
Termination or Suspension of Services
We may refuse service
We reserve the right to do any of the following at our sole discretion, without notice to you, under any circumstances, including, but not exclusively:
- remove content;
- temporarily or permanently block access;
- change or withdraw IP assignments;
- suspend or discontinue service; and,
- charge back to you any expense to perform these actions;
if you do any of the following:
- breach any term of this Agreement;
- fail to pay any money owing to us;
- anyone does anything using our services, through your account, that contravene the Prohibited Uses of Account or Prohibited Uses of Network Resources; and,
you waive any claim that you may have against us for any damages, harm, or injury that you may have suffered by us refusing services under this section.
If you wish to cancel our monthly service, then you can only cancel your service by sending us a cancellation form in the Support Center at least 30 days before which your next payment is due.
No Guarantees or Liability
No Liability or Warranties
We make no other warranties, guarantees, or representations of service other than those expressly written in this Agreement. This specifically, but not exclusively includes any warranty of:
- service that is continuous, uninterrupted, and error free;
- integrity of data;
- security of data;
- operation time;
- service time response; or,
- service start time.
You will not hold us responsible for any damages, including but not exclusive of loss of data, loss of present and future income, harm to reputation, or any other damages, that you may suffer from the use, discontinuation, interruption, or suspension of service that may arise for any reason, including delay, wrong delivery, and other service interruptions.
You will indemnify, and agree not to sue, us for any demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, our customers, officers and employees, that may arise or result from us providing services to you whether such demands, liabilities, losses, costs or claims originate from you or anyone else. You will defend us against any claim made in any jurisdiction, in any forum, brought by anyone who asserts any demand, liability, loss, cost, or claim from us that may be connected with the Services that we provide to you.
The law of the Province of British Columbia, Canada will govern this dispute. You and Us will bring any dispute regarding this Agreement or the provision of Services in the courts of the Province of British Columbia.
We may modify the terms of this Agreement at anytime without notice to you by posting the revised terms of this Agreement on our website. Any revisions to this Agreement will bind you once we post them on our website or we provide written notice to you.