Welcome to the Artist Media Player (herein, "AMP"), a portable, rich media content management system with its principal web site and databases (located at www.artistmediaplayer.com).
The following Terms of Use for the AMP is a legal agreement between you, either an individual, customer, member, or user of at least 18 years of age or a single entity ("You" or, collectively, "Users"), and the AMP regarding Your use of the AMP.
Please read carefully the following Terms of Use for accessing, browsing, uploading,
downloading, or using the AMP. By accessing the AMP, You acknowledge that You
have read, understood, and agree to be bound by the following terms and conditions,
including any additional policies and future modifications (collectively, the
"Terms"). If at any time you do not agree to these terms, please immediately
terminate your usage of the AMP.
1) Eligibility
If You are using the AMP, or are using the AMP on behalf of a company, entity, or organization (collectively, "User") then you represent and warrant that You: (i) are an authorized representative of that subscribing organization with the authority to bind such organization to these terms; (ii) have read the foregoing terms; (iii) understand these Terms, and (iv) agree to these Terms on behalf of such subscribing organization.
2) Incorporation by Reference
Your privacy is important. Please read this policy carefully for information
relating to the collection, use, and disclosure of Your personal information.
3) Individual Features and Service
When using the AMP, You will be subject to any additional posted policies, guidelines,
or rules applicable to specific services and features which may be posted from
time to time (the "Policies").
4) Modification of these Terms & Fees
The Terms of Use and certain policies may change at any time. Any changes may
be posted to these Terms of Use. Your continued use of the AMP after any changes
to the Terms of Use indicate Your understanding and acceptance of any Terms
of Use.
Certain functions on the AMP may have fees or charges associated with them.
When You use a service that has a fee or charge, You have an opportunity to
review and accept the fees that You will be charged. Unless otherwise stated,
all fees are quoted in U.S. Dollars.
5) AMP License Grant
a) License Grant to User
Subject to Your compliance with the terms and conditions set out in this Terms of Use, the AMP hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the AMP solely in accordance with these Terms.
b) Prevention of Unauthorized Use
The AMP reserves the right to exercise whatever lawful means it deems necessary
to prevent unauthorized or illicit use of the AMP, including, but not limited
to, technological barriers, IP mapping, and directly contacting Your Internet
Service Provider (ISP) regarding such unauthorized use.
6) User Submissions License Grant & Representations & Warranties
a) Limited License Grant to the AMP
The AMP platform allows Users to upload authorized content, including without
limitation, audio, video, links, text, graphics, and other rich and textual
based content ("User Submissions") and textual content ("User
Comments"). By distributing or disseminating User Submissions and User
Comments through the AMP, You hereby grant a worldwide, non-exclusive, perpetual,
irrevocable, transferable, sublicensable (through multiple tiers), assignable,
fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce,
distribute, modify and otherwise exploit User Submissions and User Comments
(and any copyrights, publicity, database and other proprietary rights therein),
in any media formats and through any media channels, in order to distribute,
promote or advertise User Submissions, User Comments, or the AMP and any AMP
affiliates.
b) Limited License Grant to Users
You hereby grant to each User of the AMP a limited, royalty-free, paid-up, non-exclusive,
personal license to access and use such User Submission in the manner contemplated
by these Terms and the AMP.
c) User Submissions, User Comments, and Conduct
i) As a User of the AMP, you may submit User Submissions and User Comments and You understand that whether or not such User Submissions or User Comments are posted, the AMP does not guarantee any confidentiality with respect to any User Submissions or User Comments.
ii) You shall be solely responsible for your own User Submissions and User Comments and the consequences of posting or posting them. In connection with User Submissions, You affirm, represent, and/or warrant that You own or have the necessary licenses, rights, consents, and permissions to use and authorize the AMP to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by these Terms of Use.
iii) For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to and via the AMP, you hereby grant a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the AMP and its successors' and affiliates' business, including without limitation for promoting and redistributing part or all of the AMP (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the AMP a non-exclusive license to access your User Submissions through the AMP, and to use, reproduce, share, forward, distribute, display, and perform such User Submissions as permitted through the functionality of the AMP and under these Terms of Use. The above license granted by You in User Submissions terminates within a commercially reasonable time after you remove or delete your User Submissions from the AMP. You understand and agree, however, that the AMP may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. Notwithstanding the prior, the licenses granted by You for and within User Comments are perpetual and irrevocable.
iv) In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant all of the license rights granted herein.
v) You further agree that you will not, in connection with User Submissions, submit material that is contrary to the AMP Terms of Use which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
vi) User Submission, User Comments, or any opinion, recommendation, or advice expressed therein, is not endorsed by the AMP and is expressly removed of any and all liability in connection with User Submissions and User Comments. The AMP does not permit copyright infringing activities and infringement of intellectual property rights and any such material will be removed after properly notifying that such content or User Submission infringes on another's intellectual property rights. However, the AMP reserves the right to remove content and User Submissions without prior notice.
d) Your Use of the Content on the AMP
i) The content provided on the AMP, inclusive of all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are licensed to the AMP, subject to copyright and other intellectual property rights under the law. Content on the AMP is provided to You and its Users "AS IS" and is intended solely for your information and personal use only and may not be downloaded, copied, reproduced, mass distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective copyright owners.
ii) You may access content submitted by Users solely:
(1) for your information and personal use
(2) as intended through the normal functionality of the AMP
iii) User Comments are made available to You for your information and personal use solely as intended through the normal functionality of the AMP. User Comments are made available "AS IS" and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the AMP or otherwise as prohibited under this Agreement.
iv) You may access the AMP content, User Submissions, and User Comments only
as permitted under this Agreement.
v) You agree not to circumvent, disable or otherwise interfere with security-related
features of the AMP or its features that prevent or restrict use or copying
of any Content or enforce limitations on use of the AMP or any content therein.
vi) You understand that when using the AMP, you will be exposed to User Submissions from a variety of sources, and that the AMP is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or User Comments. You further understand and acknowledge that you may be exposed to User Submissions and User Comments that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the AMP with respect thereto, and agree to indemnify and hold the AMP, its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the AMP.
e) User Submissions, User Comments, Representations and Warranties
You are solely responsible for your User Submissions and User Comments and the
consequences of posting or posting them. By uploading and posting User
Submissions and User Comments, You affirm, represent, and warrant that: (1)
You are the creator and owner of or have obtained the necessary licenses, rights,
consents, and permissions to use and to authorize the AMP and its Users to use
your User Submissions and User Comments, per this Agreement; (2) your User Submissions
and/or User Comments do not and will not: (a) infringe, violate, or misappropriate
any third-party right, including any copyright, trademark, patent, trade secret,
moral right, privacy right, right of publicity, or any other intellectual property
or proprietary right or (b) slander, defame, libel, or invade the right of privacy,
publicity or other property rights of any other person; and (3) User Submissions
and User Comments do not contain any viruses, adware, spyware, worms, or other
malicious code or any content or file that provides a method to access to potentially
infringing content outside of the AMP. Violators of these provisions may be
subject to criminal and civil liability. The AMP reserves all rights and remedies
against any Users who violate this Terms of Use.
f) User Submissions Disclaimer
You understand that when using the AMP You will be exposed to User Submissions
or other content from a variety of sources, and that the AMP is not responsible
for the accuracy, usefulness, or intellectual property rights of or relating
to such User Submissions and other content. You further understand and acknowledge
that You may be exposed to User Submissions and other content that is inaccurate,
offensive, indecent or objectionable, and You agree to waive, and hereby do
waive, any legal or equitable rights or remedies You have or may have against
the AMP with respect thereto. The AMP does not endorse any User Submissions
and other content or any opinion, recommendation or advice expressed therein,
and the AMP expressly disclaims any and all liability in connection with User
Submissions and other content. If notified by a User or a content owner of a
User Submission or other content that allegedly does not conform to this Terms
of Use, the AMP may investigate the allegation and determine in its sole discretion
whether to remove the User Submission or other content, which it reserves the
right to do at any time and without notice. For clarity, the AMP does not permit
copyright infringing activities on the AMP.
7) Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission
or other content infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by providing
our Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
" A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
" Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works;
" Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the AMP to locate the material;
" Information reasonably sufficient to permit the AMP to contact you, such as an address, telephone number, and, if available, an electronic mail;
" A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
" A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
The AMP designated email is: www.infringement@artistmediaplayer.com. For clarity,
only DMCA notices should go to this email. Any other feedback, comments, requests
for technical support, and other communications should be directed to www.support@artistmediaplayer.com.
You acknowledge that if you fail to comply with all of the requirements of this
Section, your DMCA notice may not be valid.
8) Prohibited Conduct
BY USING THE AMP YOU AGREE NOT TO:
" Use the AMP for any purposes other than its intended purpose and in accordance
with these Terms;
" Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Products (as defined in Section 12, below);
" Post, upload, share, or distribute any defamatory, libelous, or inaccurate content;
" Post, upload, share, or distribute any User Submissions, User Comments, or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
" Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the AMP accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the AMP, or perform any other similar fraudulent activity;
" Delete indications or notices regarding the copyright or other proprietary rights on the AMP, User Submissions, User Comments, or any third party content;
" Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the AMP. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
" Use the AMP for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
" Defame, harass, abuse, threaten or defraud Users of the AMP, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the AMP for any commercial use, it being understood that the content available on the AMP is for personal, non-commercial use only;
" Use the AMP if You are under the age of eighteen (18) years old;
" Remove, circumvent, disable, damage or otherwise interfere with security-related features of the AMP or User Submissions, User Comments, functionality, or features that prevent or restrict use or copying of any content accessible through the AMP, or features that enforce limitations on the use of the AMP or User Submissions;
" Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the AMP or any part thereof;
" Modify, adapt, translate or create derivative works based upon the AMP or any part thereof;
" Intentionally interfere with or damage operation of the AMP or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
" Take any action that may undermine the AMP;
" Take any action that imposes or may impose (in AMP's sole discretion) an unreasonable or disproportionately large load on AMP's infrastructure;
" Interfere or attempt to interfere with the proper workings of the AMP or any activities conducted on the AMP;
" Bypass robot exclusion headers or other measures the AMP may use to prevent unauthorized access to the AMP;
" Attempt to gain unauthorized access to any portion or feature of the AMP, or any other systems or networks connected to the AMP or to any AMP server, or to any of the services offered on or through the AMP, by hacking, password "mining" or any other illegitimate means;
" Probe, scan or test the vulnerability of the AMP or any network connected to the AMP, or breach the security or authentication measures on the AMP or any network connected to the AMP. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the AMP, or any other User, including any AMP account not owned by You, to its source, or exploit the AMP or any service or information made available or offered by or through the AMP, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the AMP; or
" Provide various usernames, passwords, or log in information to any other person or entity. Log in information used for membership, User Submissions, or otherwise, is to be used by the original person that established such username, password, or membership information.
9) Account
When You use the AMP for certain services, You may be asked to provide a password.
You are solely responsible for maintaining the confidentiality of Your account
and password and for restricting access to Your computer, and You agree to accept
responsibility for all activities that occur under Your account or password.
You agree that the information You provide to the AMP on registration and at
all other times will be true, accurate, current, and complete. You also agree
that You will ensure that this information is kept accurate and up-to-date at
all times. If You have reason to believe that Your account is no longer secure
(e.g., in the event of a loss, theft or unauthorized disclosure or use of Your
account ID, password, or any credit, debit or charge card number, if applicable),
then You agree to immediately notify the AMP. You may be liable for the losses
incurred by the AMP or others due to any unauthorized use of Your AMP account.
10) Third-Party Sites
The AMP may include links or references to other web sites or services solely
as a convenience to Users ("Reference Sites"). The AMP does not endorse
any such Reference Sites or the information, materials, products, or services
contained on or accessible through Reference Sites. In addition, Your correspondence
or business dealings with, or participation in promotions of, advertisers found
on or through the AMP are solely between You and such advertiser. Access and
use of Reference Sites, including the information, materials, products, and
services on or available through Reference Sites is solely at Your own risk.
11) Termination & Terms of Use Violations
a) AMP
You agree that the AMP, in its sole discretion, for any or no reason, and without
penalty, may terminate any account (or any part thereof) You may have with the
AMP or Your use of the AMP and remove and discard all or any part of Your account,
User profile, and any User Submission and User Comments at any time. The AMP
may also in its sole discretion and at any time discontinue providing access
to the AMP, or any part thereof, with or without notice. You agree that any
termination of Your access to the AMP or any account You may have or portion
thereof may be effected without prior notice, and You agree that the AMP will
not be liable to You or any third party for any such termination. Any suspected
fraudulent, abusive or illegal activity may be referred to appropriate law enforcement
authorities. These remedies are in addition to any other remedies the AMP may
have at law or in equity. As discussed herein, the AMP does not permit copyright
infringing activities on the AMP, and shall be permitted to terminate access
to the AMP, and remove all User Submissions, User Comments, or other content
submitted by any Users who are found to be repeat infringers. Upon termination
for any reason, You agree to immediately stop using the AMP.
b) You
Your only remedy with respect to any dissatisfaction with (i) the AMP, (ii)
any term of this Terms of Use, (iii) any policy or practice of the AMP, or (iv)
any content or information transmitted through the AMP, is to terminate Your
account. You may terminate Your usage of the AMP at any time by discontinuing
use of any and all parts of the AMP. Notwithstanding the above, it is Your responsibility
to remove any of Your User Submissions from the AMP, but and per these Terms,
Your User Comments are perpetual and irrevocable.
12) Ownership & Property Rights
The AMP and all of its technologies, databases, code, software, strategies,
ideas, and implementations are owned and operated by Crystal Media Networks,
LLC ("CMN"). The visual interfaces, graphics, design, compilation,
information, computer code, products, services, and all other elements of the
AMP provided by CMN (the "Products") are protected by United States
copyright, trade dress, patent, and trademark laws, international conventions,
and all other relevant intellectual property and proprietary rights, and applicable
laws. Except for any User Submissions that are provided and owned by Users,
all Materials contained on the AMP are the property of CMN or its subsidiaries
or affiliated companies and/or third-party licensors. All trademarks, service
marks, and trade names are proprietary to CMN or its affiliates and/or third-party
licensors. Except as expressly authorized by CMN, You agree not to sell, license,
distribute, copy, modify, publicly perform or display, transmit, publish, edit,
adapt, create derivative works from, or otherwise make unauthorized use of the
AMP and its Products.
13) Indemnification
You agree to indemnify, save, and hold CMN, its affiliated companies, contractors,
employees, agents and its third-party suppliers, licensors, and partners harmless
from any claims, losses, damages, liabilities, including legal fees and expenses,
arising out of Your use or misuse of the AMP, any violation by You of these
Terms, or any breach of the representations, warranties, and covenants made
by You herein. CMN reserves the right, at Your expense, to assume the exclusive
defense and control of any matter for which You are required to indemnify CMN,
and You agree to cooperate with CMN's defense of these claims. CMN will use
reasonable efforts to notify You of any such claim, action, or proceeding upon
becoming aware of it.
14) Disclaimers & No Warranties
a) No warranties
To the fullest extent permissible pursuant to applicable law, CMN, and its affiliates,
partners, and suppliers disclaim all warranties, statutory, express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, and non-infringement of proprietary rights. No advice
or information, whether oral or written, obtained by you from CMN or through
the AMP will create any warranty not expressly stated herein. You expressly
acknowledge that as used in this section 14, the term CMN includes CMN's officers,
directors, employees, shareholders, agents, licensors and subcontractors.
b) AS IS and AS AVAILABLE With All Faults
You expressly agree that the use of the AMP is at your sole risk. The AMP and any materials, information, User Submissions, User Comments, reference sites, or services made available in conjunction with or through the AMP are provided on an "as is" and "as available," and "with all faults" basis and without warranties or representations of any kind either express or implied.
c) Platform Operation and Content
CMN, its suppliers, licensors, affiliates, and partners do not warrant that the Products, materials, User Submissions, User Comments, functions, or any other item, information, or data offered on or through the AMP or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
d) Accuracy
CMN, its suppliers, licensors, affiliates, and partners do not warrant or make
any representations regarding the use or the results of the use of the AMP or
any reference sites in terms of correctness, accuracy, reliability, or otherwise.
15) Limitation of liability & damages
a) Limitation on liability
Under no circumstances, including, but not limited to, negligence, will CMN
or its affiliates, contractors, employees, agents, or third-party partners,
licensors, or suppliers be liable for any special, indirect, incidental, consequential,
punitive, reliance, or exemplary damages (including without limitation damages
arising from any unsuccessful court action or legal dispute, lost business,
lost revenues or loss of anticipated profits or any other pecuniary or non-pecuniary
loss or damage of any nature whatsoever) arising out of or relating to these
terms or that result from your use or your inability to use the materials (including
User content and third party content), the AMP or any reference sites, or any
other interactions with CMN, even if CMN or an CMN authorized representative
has been advised of the possibility of such damages.
b) Limitation on damages
In no event will CMN or its affiliates, contractors, employees, agents, or third-party
partners, licensors, or suppliers total liability to you for all damages, losses,
and causes of action arising out of or relating to these Terms of Use or Your
use of the AMP or Your interaction with other AMP Users (whether in contract,
tort including negligence, warranty, or otherwise), exceed the amount paid by
You, if any, to CMN during the one (1) month immediately preceding the date
of the claim or one hundred dollars, whichever is greater.
c) Reference sites
These limitations of liability also apply with respect to damages incurred by
you by reason of any products or services sold or provided on any reference
sites or otherwise by third parties other than CMN and received through or advertised
on the AMP or received through any reference sites.
d) Basis of the Bargain
You acknowledge and agree that CMN has offered its Products and services, set
its prices, and entered into these terms in reliance upon the warranty disclaimers
and the limitations of liability set forth herein, that the warranty disclaimers
and the limitations of liability set forth herein reflect a reasonable and fair
allocation of risk between You and the AMP, and that the warranty disclaimers
and the limitations of liability set forth herein form an essential basis of
the bargain between You and the AMP. CMN would not be able to provide the AMP
to You on an economically reasonable basis without these limitations.
e) Limitations on applicable law
Certain jurisdictions do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. If you reside is such a jurisdiction,
some or all of the above disclaimers, exclusions, or limitations may not apply
to you, and you may have additional rights. The limitations or exclusions of
warranties, remedies or liability contained in this terms of use apply to you
to the fullest extent such limitations or exclusions are permitted under the
laws of the jurisdiction where you are located.
16) Miscellaneous
a) Notice
The AMP may provide You with notices, including those regarding changes to AMP's
terms and conditions, by email, regular mail or postings on the AMP. Alternatively,
we may give You legal notice by mail to a postal address, if provided by You
through the AMP. In such case, notice will be deemed given three days after
the date of mailing. Notice posted on the AMP is deemed given 30 days following
the initial posting.
b) Waiver
The failure of the AMP to exercise or enforce any right or provision of these
Terms will not constitute a waiver of such right or provision. Any waiver of
any provision of these Terms will be effective only if in writing and signed
by CMN.
c) Governing Law; Jurisdiction
These Terms will be governed by and construed in accordance with the laws of
the State of Maryland, without giving effect to any principles of conflicts
of law. The parties agree that the federal and state courts residing in Montgomery
County, Maryland will have exclusive jurisdiction over these Terms.
d) Dispute Resolution
In You and the AMP agree that we will resolve any claim or controversy at law
or equity that arises out of this Agreement or our services (a "Claim")
in accordance with one of the subsections below or as we and You otherwise agree
in writing. Before resorting to these alternatives, we strongly encourage You
to first contact us directly to seek a resolution. We will consider reasonable
requests to resolve the dispute through alternative dispute resolution procedures,
such as mediation or arbitration, as alternatives to litigation.
i) Choice of Law
You agree that any claim or dispute You may have against the AMP must be resolved
by a court located in Montgomery County, Maryland, except as otherwise agreed
by the parties or as described in the Arbitration Option paragraph below. You
agree to submit to the personal jurisdiction of the courts located within Montgomery
County, Maryland for the purpose of litigating all such claims or disputes.
ii) Arbitration
For any claim (excluding claims for injunctive or other equitable relief), the
party requesting relief may elect to resolve the dispute in a cost effective
manner through binding non-appearance-based arbitration. In the event a party
elects arbitration, they shall initiate such arbitration through an established
alternative dispute resolution ("ADR") provider mutually agreed upon
by the parties. The ADR provider and the parties must comply with the following
rules: a) the arbitration shall be conducted by telephone, online and/or be
solely based on written submissions, the specific manner shall be chosen by
the party initiating the arbitration; b) the arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise mutually agreed
by the parties; and c) any judgment on the award rendered by the arbitrator
may be entered in any court of competent jurisdiction.
iii) Improperly Filed Claims
All claims You bring against the AMP must be resolved in accordance with this
Section. All claims filed or brought contrary to this Section shall be considered
improperly filed. Should You file a claim contrary to this Section, the AMP
may recover attorneys' fees and costs up to $1000, provided that the AMP has
notified You in writing of the improperly filed claim, and You have failed to
promptly withdraw the claim.
e) Severability
If any provision of these Terms or any Policies is held to be unlawful, void,
or for any reason unenforceable, then that provision will be limited or eliminated
from these Terms to the minimum extent necessary and will not affect the validity
and enforceability of any remaining provisions.
f) Assignment
These Terms and related Policies, and any rights and licenses granted hereunder,
may not be transferred or assigned by You, but may be assigned by CMN without
restriction. Any assignment attempted to be made in violation of this Terms
of Use shall be void.
g) Survival
Upon termination of these Terms, any provision that, by its nature or express
terms should survive, will survive such termination or expiration.
h) Entire Agreement
This is the entire agreement between You and the AMP relating to the subject
matter herein and will not be modified except in writing.
17) General
These Terms of Service shall be governed by the internal substantive laws of
the State of Maryland, without respect to its conflict of laws principles. Any
claim or dispute between you and the AMP that arises in whole or in part from
the AMP shall be decided exclusively by a court of competent jurisdiction located
in Montgomery County, Maryland. These Terms of Service and any other legal notices
published by the AMP shall constitute the entire agreement between you and the
AMP. If any provision of these Terms of Service is deemed invalid by a court
of competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms of Service, which shall
remain in full force and effect. No waiver of any term of this these Terms of
Service shall be deemed a further or continuing waiver of such term or any other
term, and the AMP's failure to assert any right or provision under these Terms
of Service shall not constitute a waiver of such right or provision. The AMP
reserves the right to amend these Terms of Service at any time and without prior
notice, and it is your responsibility to review these Terms of Service for any
changes. Your use of the AMP following any amendment of these Terms of Service
will signify your assent to and acceptance of its revised Terms. You and the
AMP agree that any cause of action arising out of or related to the AMP must
commence within one (1) year after the cause of action accrues. Otherwise, such
cause of action is permanently barred.