Terms of UseNote! You are concluding a Legally Binding Agreement. By accessing, viewing, downloading or otherwise using AMC or any webpage or feature available through All My Certs (AMC), any information provided as part of the AMC services, or any related emails, newsletters or services (hereinafter collectively “AMC” or the “Services”), or by clicking “Join All My Certs (AMC)” during the registration process, you conclude a legally binding agreement with AMC Corporation, (“we”) based on the terms of this AMC User Agreement (“Agreement”) and become a AMC user (“User”). If you are using AMC on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Join AMC” and do not access, view, download or otherwise use any AMC webpage, information or services. We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royaltyfree right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform AMC in the event that any such information has changed since your registration with AMC and, if appropriate, you agree to make such modifications yourself to your profile. AMC exercises no control over any content you or others submit while using AMC. AMC has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through AMC in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform AMC. Prior to joining AMC, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of AMC Users and to AMC and you must not communicate to AMC and its Users any information the dissemination of which could be harmful to you. Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from AMC; (c) are not a direct competitor of AMC; (d) do not have more than one AMC account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to AMC, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service. Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (customer_service@allmycerts.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your AMC account or any information therein to another party or charging anyone for access to any portion of AMC, or any information therein. Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to AMC or (c) any activity in which you engage on or through the AMC. Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts. Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation. Premium Services: If you have access to any AMC’s Premium Services, this User Agreement applies to your use of such services. Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your AMC account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End User License Agreement provided at download. Forums/Blogs/Chat Rooms: AMC may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. AMC cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. AMC AND THE AMC AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS. Privacy: You should carefully read our full Privacy Policy before deciding to become a User of AMC. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data. Export Control: Your use of AMC services, including its software, is subject to export and reexport control laws and regulations, including the the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on AMC webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss per Sections 1, 4 and 8 hereof. We grant you no other rights, implied or otherwise.
The purpose of AMC is to provide a service to facilitate professional networking among Users throughout the world. It is intended that Users only connect to other Users who they currently know and seek to further develop a professional relationship with those Users. For as long as AMC continues to offer services, AMC shall provide (and seek to update, improve and expand, in similar and different new ways) the AMC platform and service with the purpose of providing all members with professional networking connectivity, through AMC’s proprietary tools, rules and protocols which AMC may update, improve, discontinue and change at any time, at AMC’s sole discretion. Any other use of AMC (such as seeking to connect to someone a User does not know or to use AMC as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement. We allow you to access AMC as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue AMC, partially or entirely, or to charge and modify prices for AMC. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in AMC and all related items. AMC reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, AMC has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. AMC may include or automatically produce links to third party web sites (“Third Party Sites”). AMC is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. AMC may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave AMC and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from AMC or relating to any applications you use or install from the site. AMC enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by AMC and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”). Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications. For a more detailed discussion of Platform Developers, please refer to AMC’s Privacy Policy. You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of AMC, the AMC Affiliates, its Users and the public. AMC may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services. You are solely responsible for your interactions with other members. AMC reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if AMC determines, in its sole discretion, that doing so is prudent.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON AMC, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR AMC AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY AMC OR ANYTHING RELATED TO AMC, YOU MAY LEAVE AMC AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. AMC IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH AMC TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY. AMC DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY ; THEREFORE, AMC DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. AMC DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. AMC DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, AMC DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE AMC SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO AMC.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither AMC corporation nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“AMC Affiliates”) shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from AMC even if AMC is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
Termination You may terminate this Agreement, for any or no cause, at any time, with notice to AMC which shall be effective upon AMC processing such notice. AMC may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by AMC or the party paying for such services. Termination of your AMC account includes disabling your access to AMC (including any content you submitted or others submitted) and may also bar you from any future use of AMC. In furtherance and without limiting the foregoing, AMC has adopted a policy of terminating, in appropriate circumstances and at AMC’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. AMC may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Consequences of Termination Upon termination, you lose access to AMC. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof. General Terms Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement. Notices: We may notify you via postings on www.Allmycert.com, and via email or any other communications means to contact information you provide to us. You may also notify us via email at Legal@allmycerts.com Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Allmycert.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof. No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any AMC Affiliate shall be deemed legally binding on any AMC Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of AMC. No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service. Beneficiaries: AMC Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you. Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, AMC Corporation for any third party that assumes our rights and obligations under this Agreement. Complaints Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content. AMC User DOs & DON’Ts As a condition to access AMC, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts: DO
DON’T
Claims Regarding Copyright Infringement Each User grants AMC a license to use the content supplied by each such User for the purposes of disclosure on the AMC website. This license includes, inter alia, the right for AMC to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of AMC and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD). Each User expressly authorizes AMC to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of AMC for any purpose other than for those purposes strictly related to use of the AMC services for personal purposes. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, All My Certs (AMC) Corporation has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide AMC Corporation’s Copyright Agent the following information:
AMC Corporation’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by e-mail at copyrightagent@allmycerts.com Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
Counter-Notification: If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with AMC Corporation’s Copyright Agent. To be effective, a Counter-Notification must be a written communication provided to the AMC Corporation’s Copyright Agent for Notice that includes the following information:
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification. Notice and Procedure for Making Complaints Regarding Content To notify AMC Corporation of Content that infringes your rights (other than copyright violations in which case please email copyrightagent@allmycerts.com) or is otherwise unlawful (“Specified Content”), you must send a notice to the AMC Corporation Content Complaint Manager by mail, e-mail, or fax, and provide the following information:
When we receive a notice that complies with the above requirements, we will evaluate the information you provided (including, if appropriate, forwarding the notice to, or otherwise contacting the source of the Specified Content), and if appropriate in our judgment, remove or disable access to the Specified Content. In such case, we may notify the source of the Specified Content of your complaint and our action taken. In some cases, if the source of the Specified Content provides us with information indicating that the Specified Content has been removed wrongly, we may reinstate the Specified Content. Our take-down and re-instatement procedures are and remain at our sole discretion. You may want to seek the advice of independent legal counsel before filing a notice or responding to a notice filed by someone else. AMC Corporation Content Complaint Manager Contact information for AMC Corporation’s Content Complaint Manager is as follows: E-Mail: abuse@allmycerts.com The following provisions apply if your country of registration is France, you are using AMC from France, and you are using the French version of AMC: In accordance with Article L. 121-20 of the French Consumer Code, you are hereby informed that you have a seven (7) day period from the opening of your account to exercise your right of retraction, without any penalty or cause. However, in accordance with Article L. 121-20-2, 1° of the French Consumer Code, this right of retraction cannot be exercised once you have used the services of the account in question. You agree that you will not participate directly or indirectly in a network seeking to implement practices similar to “snowball” sales or services as set forth in Articles L 122-6 and L 122-7 of the French Consumer Code. The following provisions apply and prevail over the above stated clauses if your country of registration is Germany, you are using AMC from Germany and you are using the German version of AMC: Liability Subject to the provisions contained in the following paragraph and irrespective of legal grounds, AMC is liable only for damages resulting from the intentional misconduct or gross negligence of AMC, its legal representatives, employees or authorized agents (“Agents”). For damages resulting from the gross negligence of AMC or its Agents, liability is limited to damages commonly associated with the agreement in question. For damages caused by AMC or its Agents in the absence of intentional misconduct or gross negligence, AMC’s liability is limited to the extent that violations extend to obligations the satisfaction of which is of critical importance to the achievement of the respective agreement’s purpose (cardinal obligation). In the event that a cardinal obligation is violated by way of light negligence, liability is limited to damages commonly associated with the agreement in question. The above limitation of liability does not affect liability as prescribed by the German Product Liability Act or for damages from (i) injuries to life, body and health, or (ii) the assumption of a guarantee or procurement risk. To the extent that AMC’s liability is excluded or limited under the foregoing provisions, such provisions also operate to the benefit of AMC Agents in cases in which a User sues AMC Agents directly. Decompilation In case you download certain software provided by AMC, you are only entitled to decompile the Software under the rules provided in Sec. 69e Copyright Act (Urhebergesetz) and only after AMC has not provided the necessary information and data for allowing to establish interoperability with third party hard- or software after a written request within an adequate timeframe. Right of Revocation If the User is a consumer (Sec. 13 German Civil Code), he or she may revoke registration for the Free or Premium Membership in writing (for example by letter, fax or eMail) without stating a reason within two (2) weeks of registration. Furthermore, the User may cancel registration for the Premium Membership in writing (e.g. by post, fax or eMail) within two (2) weeks without stating a reason, after changing from Free Membership to Premium Membership. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the revocation of the contract to the following address:
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to AMC, then the User is obligated to reimburse AMC for the corresponding value. Each party must fulfill its obligation for reimbursement within 30 days. The deadline begins for the User with the dispatch of the revocation; for AMC, it begins with the reception of the revocation sent by the User. The right to revoke the contract expires if AMC has begun providing the service with the User’s explicit consent before the end of the deadline for the revocation or if the User has initiated the service himself or herself The benefits of joining AMC :
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