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Terms

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Ampickled LLC (“Ampickled,” “we,” “us,” or “our”), regarding your access to and use of our website and any related media forms, channels, mobile websites, or mobile applications (collectively, the “Site”). By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms of Use. If you disagree with any part of these Terms of Use, you are prohibited from using the Site and must discontinue use immediately.

We reserve the right to modify these Terms of Use at our discretion. Changes will be effective upon posting, and the “Last updated” date will be revised accordingly. You are responsible for reviewing the Terms regularly, and your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

The information provided on the Site is not intended for distribution or use in any jurisdiction where such distribution or use would be contrary to law or regulation. Users accessing the Site from locations outside our intended jurisdiction do so at their own risk and are responsible for compliance with local laws.

The Site is not designed to comply with industry-specific regulations such as HIPAA or FISMA. If your interactions would be subject to such laws, you may not use this Site. Usage that would violate the Gramm-Leach-Bliley Act (GLBA) is also prohibited.

The Site is intended for users who are at least 13 years old. Minors must have permission from and be supervised by a parent or guardian when using the Site. If you are a minor, your parent or guardian must read and agree to these Terms of Use before you use the Site.

For any inquiries, Ampickled LLC can be reached by email at [email protected].

2. INTELLECTUAL PROPERTY RIGHTS

Unless explicitly stated otherwise, the Site is the proprietary property of Ampickled LLC. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively referred to as the “Content”), along with the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by Ampickled LLC or licensed to us. These are protected by United States copyright and trademark laws, various other intellectual property rights, unfair competition laws, international copyright laws, and international conventions.

The Content and Marks are provided on the Site “AS IS” for your personal information and use only. No part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose whatsoever without our express prior written permission, except as explicitly provided in these Terms of Use.

Provided you are eligible to use the Site, you are granted a limited license to access and use the Site, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you regarding the Site, Content, and Marks.

3. USER REPRESENTATIONS

By utilizing our services, you affirm and guarantee that: (1) all information provided during registration will be accurate, current, and complete; (2) you will keep this information up-to-date and promptly revise it as needed; (3) you possess the legal capacity to agree to these Terms of Use; (4) you are at least 13 years of age; (5) if you are a minor in your jurisdiction, you have obtained parental consent to use our services; (6) you will not access our services through automated means, including bots or scripts; (7) you will not use our services for any unlawful or unauthorized purposes; and (8) your use of our services will comply with all applicable laws and regulations.

Should you provide any information that is false, inaccurate, outdated, or incomplete, Ampickled LLC reserves the right to suspend or terminate your account and deny you access to any current or future use of our services, either in part or in full.

4. USER REGISTRATION

To access certain features of the Site, you may need to create an account. By registering, you commit to maintaining the confidentiality of your login credentials, particularly your password. You will be held accountable for all activities conducted under your account and password. AmpickledTech reserves the right to modify, reclaim, or delete any username that we deem, at our sole discretion, to be unsuitable, offensive, or problematic in any way.

5. PROHIBITED ACTIVITIES

Community Guidelines Do Not Sell or Share My Personal information

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Ampickled, AmPickled LLC.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Deceive, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Bypass, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use any information obtained from the Site in order to harass, abuse, or harm another person.

Misuse our support services or submit false reports of abuse or misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on the Site.

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

6. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. GUIDELINES FOR REVIEWS

We may provide you areas on the AmPickled app or site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

9. MOBILE APPLICATION AND WEBSITE LICENSE

By accessing or using the AmPickled app or website, you are granted a revocable, non-exclusive, non-transferable, limited right to install and use the AmPickled mobile application on wireless electronic devices owned or controlled by you, and to access and use the AmPickled application and website strictly in accordance with the terms and conditions of this license.

You agree not to:

  1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application, except as permitted by applicable law.
  2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application or website.
  3. Violate any applicable laws, rules, or regulations in connection with your access or use of the application or website.
  4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by AmPickled or its licensors.
  5. Use the application or website for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
  6. Make the application or website available over a network or other environment permitting access or use by multiple devices or users at the same time.
  7. Use the application or website for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for AmPickled.
  8. Use the application or website to send automated queries to any website or to send any unsolicited commercial e-mail.
  9. Use any proprietary information or any of AmPickled’s interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application or website.
  10. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the application or website, the server on which it is stored, or any server, computer, or database connected to it.
  11. Attack the application or website via a denial-of-service attack or a distributed denial-of-service attack.

Apple and Android Devices

When using the AmPickled mobile application obtained from either the Apple App Store or Google Play Store (each an “App Distributor”) to access our app or site, the following terms apply:

  1. License: The license granted for our mobile application is non-transferable and limited to use on devices with Apple iOS or Android operating systems, in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
  2. Maintenance and Support: AmPickled is responsible for providing maintenance and support services for the mobile application as specified in these Terms of Use or as required by applicable law. App Distributors have no obligation to furnish any maintenance or support services.
  3. Warranty: In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the relevant App Distributor. The App Distributor, in accordance with its terms and policies, may refund the purchase price (if any) paid for the mobile application. To the maximum extent permitted by law, the App Distributor will have no other warranty obligation regarding the mobile application.
  4. User Representations: You represent and warrant that: a) You are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country by the U.S. government. b) You are not listed on any U.S. government list of prohibited or restricted parties.
  5. Third-Party Agreements: You must comply with applicable third-party terms of agreement when using the mobile application (e.g., not violating wireless data service agreements when using a VoIP application).
  6. App Distributors as Third-Party Beneficiaries: You acknowledge and agree that App Distributors are third-party beneficiaries of these Terms of Use and have the right to enforce them against you as such.
  7. Intellectual Property: AmPickled retains all rights, title, and interest in the design, development, manufacture, licensing, and distribution of any applications, accessories, or devices for use with the application.

10. SOCIAL MEDIA

As part of the functionality of the AmPickled app and site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

  1. Providing your Third-Party Account login information through the AmPickled app or site; or
  2. Allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach of any terms and conditions governing your use of the applicable Third-Party Account, and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider.

By granting us access to any Third-Party Accounts, you understand that:

  1. We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the AmPickled app and site via your account, including without limitation any friend lists.
  2. We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the AmPickled app and site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the AmPickled app and site.

You will have the ability to disable the connection between your account on the AmPickled app and site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

AmPickled makes no effort to review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the AmPickled app and site.

You can deactivate the connection between the AmPickled app and site and your Third-Party Account by contacting us at [email protected] or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

AmPickled reserves the right to modify, suspend, or terminate access to any Third-Party Account features at any time without notice or liability.

11. SUBMISSIONS

By using AmPickled’s app or site (“Service”), you acknowledge and agree that:

  1. Any content you submit to the Service, including but not limited to questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), is non-confidential and becomes the sole property of AmPickled.
  2. AmPickled shall own exclusive rights, including all intellectual property rights, to your Submissions.
  3. AmPickled is entitled to unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
  4. You waive all moral rights to any such Submissions.
  5. You warrant that your Submissions are original or that you have the right to submit them.
  6. You agree not to pursue any legal action against AmPickled for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
  7. AmPickled reserves the right to remove, edit, or refuse to publish any Submissions at its sole discretion.
  8. You are solely responsible for the content of your Submissions and any consequences that may arise from them.
  9. AmPickled is not responsible for maintaining copies of your Submissions and may delete them at any time without notice.
  10. By submitting content, you grant AmPickled a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology.

12. THIRD-PARTY WEBSITES AND CONTENT

The AmPickled app and site (collectively referred to as “AmPickled”) may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

AmPickled does not investigate, monitor, or verify the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content. AmPickled is not responsible for any Third-Party Websites accessed through AmPickled or any Third-Party Content posted on, available through, or installed from AmPickled, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies contained in the Third-Party Websites or Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by AmPickled. If you decide to leave AmPickled and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website or application to which you navigate from AmPickled. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and AmPickled takes no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.

You agree and acknowledge that AmPickled does not endorse the products or services offered on Third-Party Websites, and you shall hold AmPickled harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold AmPickled harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13. ADVERTISERS

AmPickled allows advertisers to display their advertisements and other information in certain areas of the App and Site. As an advertiser, you agree to the following terms:

  1. Responsibility: You assume full responsibility for any advertisements you place on the AmPickled App or Site, as well as any services provided or products sold through those advertisements.
  2. Rights and Authority: You warrant and represent that you possess all necessary rights and authority to place advertisements on the AmPickled App or Site, including but not limited to: a. Intellectual property rights b. Publicity rights c. Contractual rights
  3. DMCA Compliance: All advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions. You understand and agree that there will be no refund or other compensation for DMCA takedown-related issues.
  4. Relationship: AmPickled simply provides the space to place advertisements and has no other relationship with advertisers.
  5. Content Removal: AmPickled reserves the right to remove any advertisement at its sole discretion, without prior notice or explanation.
  6. Indemnification: You agree to indemnify and hold AmPickled harmless from any claims, damages, or legal actions arising from your advertisements.
  7. Compliance: All advertisements must comply with applicable laws, regulations, and AmPickled’s content guidelines.

For any questions or concerns regarding advertising on AmPickled, please contact us at [email protected].

AmPickled reserves the right to modify these terms at any time without prior notice. Continued use of our advertising services constitutes acceptance of any changes to these terms.

14. SITE AND APP MANAGEMENT

AmPickled reserves the right, but not the obligation, to:

  1. Monitor the Site and App for violations of these Terms of Use;
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any user Contributions or any portion thereof;
  4. In our sole discretion and without limitation, notice, or liability, remove from the Site or App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  5. Otherwise manage the Site and App in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and App.

15. PRIVACY POLICY

AmPickled takes data privacy and security seriously. Please review our Privacy Policy at https://ampickled.com/privacy. By using the Site or App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Please note that the Site and App are hosted in the United States. If you access the Site or App from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site or App, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

AmPickled does not knowingly accept, request, or solicit information from children or knowingly market to children. In accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site and App as quickly as is reasonably practical.

16. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

AmPickled respects the intellectual property rights of others. This policy outlines the procedures for reporting copyright infringement and submitting counter-notifications under the Digital Millennium Copyright Act (DMCA).

  1. Notifications of Alleged Infringement

If you believe that any material available on or through the AmPickled app or site infringes upon your copyright, please immediately notify our Designated Copyright Agent using the contact information provided below. Your notification should include the following information:

a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner. b) Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved. c) Identification of the allegedly infringing material and its location on our app or site. d) Your contact information, including address, telephone number, and email address. e) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. f) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Please note that under federal law, you may be held liable for damages if you make material misrepresentations in a notification. If you are unsure whether material on our app or site infringes your copyright, we recommend consulting an attorney before submitting a notification.

  1. Counter Notifications

If you believe your material was removed from our app or site due to a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent. To be effective, your counter notification must include:

a) Identification of the material removed and its previous location on our app or site. b) Your consent to the jurisdiction of the Federal District Court for your address (or any judicial district where AmPickled is located if you reside outside the United States). c) Your agreement to accept service of process from the party who submitted the takedown notification. d) Your name, address, and telephone number. e) A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification. f) Your physical or electronic signature.

Please be aware that filing a false counter notification constitutes perjury and may result in liability for damages, including costs and attorney’s fees.

  1. DMCA Process

Upon receiving a valid notification, AmPickled will remove or disable access to the allegedly infringing material. We will also forward a copy of the notification to the user who posted the material.

If we receive a valid counter notification, we will promptly provide the original complainant with a copy. Unless we are notified that the complainant has filed a court action, we will restore the removed material within 10-14 business days of receiving the counter notification.

  1. Repeat Infringers

AmPickled maintains a policy of terminating user accounts that are found to repeatedly infringe copyrights. We reserve the right to determine, in our sole discretion, whether a user has repeatedly infringed copyrights.

  1. Designated Copyright Agent

All notifications and counter notifications should be sent to our Designated Copyright Agent at:

Email: [email protected]

By providing this policy, AmPickled does not admit to any liability or wrongdoing. We reserve the right to modify this policy at any time without notice. Your continued use of our app or site constitutes acceptance of any changes to this policy.

17. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the AmPickled app or site.

AmPickled reserves the right, in its sole discretion and without notice or liability, to:

  1. Deny access to and use of the app or site (including blocking certain IP addresses) to any person for any reason or for no reason;
  2. Terminate your use or participation in the app or site;
  3. Delete your account and any content or information that you posted at any time, without warning.

These actions may be taken for breach of any representation, warranty, or covenant contained in these Terms of Use, or for violation of any applicable law or regulation.

If AmPickled terminates or suspends your account for any reason, you are prohibited from:

  1. Registering and creating a new account under your name;
  2. Using a fake or borrowed name;
  3. Using the name of any third party, even if you may be acting on behalf of that third party.

In addition to terminating or suspending your account, AmPickled reserves the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive redress.

18. MODIFICATIONS AND INTERRUPTIONS

AmPickled reserves the right to change, modify, or remove the contents of the App or Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App or Site. We also reserve the right to modify or discontinue all or part of the App or Site without notice at any time. AmPickled will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App or Site.

We cannot guarantee the App or Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App or Site, resulting in interruptions, delays, or errors. AmPickled reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the App or Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App or Site during any downtime or discontinuance. Nothing in these Terms of Use will be construed to obligate us to maintain and support the App or Site or to supply any corrections, updates, or releases in connection therewith.

19. GOVERNING LAW

These Terms of Use and your use of the App or Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

20. DISPUTE RESOLUTION

  1. Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
  2. Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, AmPickled will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

The arbitration will take place in a location to be determined by AmPickled. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts of a location to be determined by AmPickled, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party related in any way to the AmPickled app or site be commenced more than two (2) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  1. Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  2. Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

21. CORRECTIONS

AmPickled reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site or App at any time, without prior notice. This includes, but is not limited to, descriptions, pricing, availability, and various other information.

22. DISCLAIMER

THE SITE AND APP ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE, APP, AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, APP, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AmPickled makes no warranties or representations about the accuracy or completeness of the Site’s or App’s content or the content of any websites linked to the Site or App. We assume no liability or responsibility for any:

  1. Errors, mistakes, or inaccuracies of content and materials
  2. Personal injury or property damage resulting from your access to and use of the Site or App
  3. Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein
  4. Interruption or cessation of transmission to or from the Site or App
  5. Bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site or App by any third party
  6. Errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site or App

AmPickled does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, App, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

23. LIMITATIONS OF LIABILITY

IN NO EVENT WILL AMPICKLED OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold AmPickled harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Your Contributions
  2. Use of the Site or App
  3. Breach of these Terms of Use
  4. Any breach of your representations and warranties set forth in these Terms of Use
  5. Your violation of the rights of a third party, including but not limited to intellectual property rights
  6. Any overt harmful act toward any other user of the Site or App with whom you connected via the Site or App

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

25. USER DATA

AmPickled will maintain certain data that you transmit to the Site or App for the purpose of managing the performance of the Site or App, as well as data relating to your use of the Site or App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site or App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site or App, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE OR APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the AmPickled app or site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.

AmPickled reserves the right to assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and AmPickled as a result of these Terms of Use or use of the app or site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

AmPickled reserves the right to modify these Terms of Use at any time without prior notice. Your continued use of the app or site after any such changes constitutes your acceptance of the new Terms of Use.