Terms of Use
Terms of Use
for
avo.us and amorvincitomnia.us
Welcome to avo.us and amorvincitomnia.us (the Website). The Websites amorvincitomnia.us and avo.us are owned and operated by Amor Vincit Omnia, LLC (“AVO” or the “Company”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE
WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ
THESE TERMS OF USE FOR THE FIRST TIME). YOU ARE AGREEING TO COMPLY
WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS
SET FORTH IN SECTION XII BELOW.
I. INTELLECTUAL PROPERTY
The Website and included content (and any derivative works or enhancements of the same)
including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos,
sounds, music, videos, information, content, materials, products, services, URLs, technology,
documentation, and interactive features (collectively, the Website Content) and all intellectual
property rights to the same are owned by Amor Vincit Omnia, LLC d/b/a amorvincitomnia.us and
avo.us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade
dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited
use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in
the Website or any Website Content. Any rights not expressly granted in these Terms of Use are
expressly reserved.
II. WEBSITE ACCESS AND USE
A. Access to the Website including, without limitation, the Website Content is
provided for your information and personal, non-commercial use only. When using the Website,
you agree to comply with all applicable federal, state, and local laws including, without limitation
copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce,
distribute, create derivative works based upon, publicly display, publicly perform, publish,
transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior
written consent from us or, in the case of third-party content, its respective owner. In certain
instances, we may permit you to download or print Website Content or both. In such a case, you
may download or print (as applicable) one copy of Website Content for your personal, noncommercial
use only. You acknowledge that you do not acquire any ownership rights by
downloading or printing Website Content.
B. Except as expressly permitted in these Terms of Use, you may not:
1. Remove, alter, cover, or distort any copyright, trademark, or other
proprietary rights notice on the Website or Website Content;
2. Circumvent, disable or otherwise interfere with security-related features of
the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website or Website Content;
3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of Amor Vincit Omnia, LLC. Notwithstanding the foregoing, Amor Vincit Omnia, LLC, d/b/a amorvincitomnia.us and avo.us grants public
search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission
(generally or specifically) at any time;
4. Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
5. Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
6. Attempt to or interfere with the proper working of the Website or impair,
overburden, or disable the same;
7. Decompile, reverse engineer, or disassemble any portion of any the
Website;
8. Use network-monitoring software to determine architecture of or extract
usage data from the Website;
9. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership without permission, etc.);
10. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
11. Engage in any conduct that restricts or inhibits any other user from using or
enjoying the Website.
12. You agree to cooperate fully with Amor Vincit Omnia, LLC to investigate any suspected or actual activity that is in breach of these Terms of Use.
III. CONDITIONS FOR LINKING TO WEBSITE
Upon your acceptance of these Terms of Use as evidence by your clicking where indicated
below your acceptance of and agreement to these terms, we hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure the Website, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk,
threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
IV. USER REGISTRATION
A. In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to this
Website.
B. If you become a registered user, you will provide true, accurate and complete
registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and
password (a Membership), which may permit you access to certain areas of the Website not
available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs
under your Membership, whether or not you have authorized the activity. You agree to
notify us immediately at jackie@avo.us of any breach of security or unauthorized use of
your Membership.
V. USER CONTENT
A. We may now or in the future permit users to post, upload, transmit through, or
otherwise make available on the Website (collectively, submit) messages, text,
illustrations, files, images, graphics, photos, comments, sounds, music, videos,
information, content, and/or other materials (User Content). Subject to the rights and
license you grant herein, you retain all right, title and interest in your User Content.
We do not guarantee any confidentiality with respect to User Content even if it is not
published on the Website. It is solely your responsibility to monitor and protect any
intellectual property rights that you may have in your User Content, and we do not
accept any responsibility for the same.
B. You shall not submit any User Content protected by copyright, trademark,
patent, trade secret, moral right, or other intellectual property, personal, contractual,
proprietary or other third party right without the express permission of the owner of the
respective right. You are solely liable for any damage resulting from your failure to obtain
such permission or from any other harm resulting from User Content that you submit.
C. You represent, warrant, and covenant that you will not submit any User Content
that:
1. Violates or infringes in any way upon the rights of others, including, but not
limited to, any copyright, trademark, patent, trade secret, moral right, or other
intellectual property, personal, contractual, proprietary or other third party right of
any person or entity;
2. Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
3. Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
4. Is an advertisement for goods or services other than as agreed to by Amor Vincit Omnia, LLC pursuant to this Agreement or another agreement between the parties or a solicitation of funds;
5. Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
6. Contains a formula, instruction, or advice that could cause harm or injury;
7. Is a chain letter of any kind; or
8. The licensed use by us hereunder would result in us having any obligation
or liability to any party.
Any conduct by a user that in our sole discretion restricts or inhibits any other
user from using or enjoying the Website will not be permitted.
D. By submitting User Content to us, simultaneously with such posting you
automatically grant, or warrant that the owner has expressly granted, to us a worldwide,
royalty-free, perpetual, irrevocable, non-exclusive, fully licensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works
based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents,
subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. The granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you.
E. By submitting User Content, you also grant us the right, but not the obligation to
use your biographical information including, without limitation, your name and
geographical location in connection with broadcast, print, online, or other use or
publication of your User Content.
F. We reserve the right to display advertisements in connection with your User
Content and to use your User Content for advertising and promotional purposes. You
acknowledge and agree that your User Content may be included on the Websites and
advertising networks of our distribution partners and third-party service providers
(including their downstream users).
G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to
return your User Content or otherwise make it available to you.
H. The rights granted by you hereunder may not be terminated, revoked or rescinded
and are not subject to reversion. If you become aware that User Content you have submitted
includes any material for which you lack the unrestricted right to grant us the rights set
forth above without obligations or liability to any party, you agree to promptly provide us
with detailed written notice thereof to Amor Vincit Omnia, LLC, d/b/a amorvincitomnia.us
and avo.us, 11877 Douglas Road, Suite 102-340, Johns Creek, GA 30005, and
jackie@avo.us.
VI. WEBSITE CONTENT & THIRD PARTY LINKS
A. We provide the Website including, without limitation Website Content for
entertainment, educational and promotional purposes only. You may not rely on any
information and opinions expressed on any of our Website for any other purpose. In all
instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or
usefulness of Website Content. Under no circumstances will we be liable for any loss or
damage caused by your reliance on any Website Content.
B. In some instances, Website Content will include content posted by a third- party
or will represent the opinions and judgments of a third-party. We do not endorse, warrant
and are not responsible for the accuracy, timeliness, completeness, or reliability of any
opinion, advice, or statement made on the Website by anyone other than authorized
employees or spokespersons while acting in their official capacities.
C. The Website may contain links to other Websites maintained by third parties. We
do not operate or control, in any respect, or necessarily endorse the content found on
these third-party Websites. You assume sole responsibility for your use of third-party
links. We are not responsible for any content posted on third-party Websites or liable to
you for any loss or damage of any sort incurred as a result of your dealings with any
third-party or their Website.
VII. INDEMNIFICATION
You agree to indemnify and hold harmless Amor Vincit Omnia, LLC, and its employees,
agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is
the subject of your obligations hereunder.
VIII. DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE
RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. AMOR VINCIT OMNIA, LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR EQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR
ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE
ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
IX. LIMITATION ON LIABILITY
A. UNDER NO CIRCUMSTANCES SHALL AMOR VINCIT OMNIA, LLC, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY
CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING,WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF AMOR
VINCIT OMNIA, LLC, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION
PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED
COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS
RECEIVED FROM YOU BY AMOR VINCIT OMNIA, LLC DURING THE
PRECEDING TWELVE (12) MONTH PERIOD OR $100.
C. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
X. TERMINATION
A. We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without
limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Amor Vincit Omnia, LLC, shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.
B. If you become a registered user, you may terminate your Membership at any time
by sending an e-mail to jackie@avo.us.
C. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law.
XI. CHOICE OF LAW
These Terms of Use shall be construed in accordance with the laws of the State of Georgia
without regard to its conflict of laws rules.
XII. AMENDMENT; ADDITIONAL TERMS
A. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or Additional Terms that may govern your use of the Website generally, unique parts of the Website, or both (Additional Terms). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
B. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may
terminate your Membership as provided in Section X herein or, if you do not have
an Membership, your only recourse is to immediately discontinue use of the Website.
XIII. MISCELLANEOUS
A. Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
B. These Terms of Use (including the Privacy Policy separately posted on our site and
any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
C. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.
IN ACCESSING THE WEBSITES AVO.US AND AMORVINCIOMNIA.US I AGREE TO
THE ABOVE TERMS OF USE