App Terms

MEMBER AGREEMENT TERMS AND CONDITION
BY CREATING AN AMI ACCOUNT YOU HEREBY AGREE WITH AMI ENTERTAINMENT NETWORK, LLC. (“AMI”) TO THE FOLLOWING TERMS AND CONDITIONS IN ORDER TO REGISTER YOUR AMI ACCOUNT (hereinafter “AMI Account” or “AMI product”), AND YOUR INTENT TO BE BOUND BY THIS AGREEMENT AND TO PAY FOR AMI PRODUCTS SOLD THROUGH YOUR USE OF THE AMI ACCOUNT.

E-mail Access
You hereby grant permission for e-mail announcements, newsletters or any other information to be sent to you with exciting AMI news and events.

You further agree to the following terms and conditions:

AMI Account Set Up
As a registered customer of an AMI product, you may establish an AMI Account, including but not limited to the AMI Music App (wherein AMI Music App and AMI Account are collectively referenced as “AMI Account”). You agree to not reveal your AMI Account information to anyone else and that you are entirely responsible for maintaining the confidentiality and security of your AMI Account information and for all activities that occur on or through your AMI Account. You agree to immediately notify AMI of any security breach of your AMI Account. Neither AMI nor any AMI operators or personnel shall be responsible for any losses arising out of the unauthorized use of your AMI Account or the loss or theft of your swipe card or any other property, material or information in your possession. The funds in your AMI Account are not insured and do not accrue interest.

AMI reserves the right to terminate your AMI Account and confiscate any account balances in accordance with applicable law if AMI learns that you have provided AMI with false, infringing, misleading, or information not otherwise permitted in accordance with these terms and conditions. You are entitled to a maximum of one account for U.S. currency. Any additional U.S. currency accounts will be canceled by AMI. Any inappropriate or offensive usernames may be removed at AMI’s sole discretion and may cause the termination of your AMI Account without notice or liability to you. You shall be responsible for all uses of your registration, whether or not authorized by you. AMI takes no responsibility for the security of your equipment, or your smart phone, due to machine malfunction, your personal form of communication such as e-mail, text messaging, telephone, or any other personal type of wireless or network system. AMI is not responsible for any losses that may result from unauthorized use of your AMI Account.

In order to access your data, you must enter your AMI Account password to authenticate your AMI Account. Once you have authenticated your AMI Account, you may need to re-authenticate your account from time to time. During this time, you will be able to review information without the necessity of having to re-enter your AMI Account password. You hereby agree to provide accurate and complete information when you register with, and as you use, the AMI Account, and you agree to update your AMI Account information to keep it accurate and complete.

To the extent you are using your AMI Account with your smartphone, “you” or “your” refer to the natural person who is the owner of the smartphone device on which your AMI Account is downloaded or the natural person whose payment card information has been entered into your AMI Account registration on information. “[Y]ou” and “your” also refer to any natural person who has been authorized by the smartphone owner or the payment card owner to make sales with the AMI Account.

You may use the funds in your AMI Account only to purchase AMI products. Purchase are deducted from the funds in your AMI Account. If you do not have sufficient funds in your AMI Account, the sale will be declined. All sales of any AMI products and services are final. Prices for AMI products and services may change at any time and AMI does not provide price protection or refunds.

Your Information & Privacy
As a registered customer, you agree to this Agreement and the AMI Privacy Policy available at www.amibarlink.com/mobile/privacypolicy, which is incorporated by reference to this Agreement. If you do not agree, you do not have permission to use this AMI product.

Viewing Your Balance
The balance you see in your AMI Account is an estimate only. Generally, your balance is adjusted following a sale, but there may be occasions, such as when your wireless connection is disrupted, when the updated balance is delayed for a period of time.

Promotions; Expiration
AMI, owners of AMI manufactured devices, or the persons or business providing a location for the device may, from time to time, provide discounted or free plays of music as promotions.

The conditions of the promotion may require you to use the discounted or free credits only in certain locations or with certain devices. The promotion may also require you to connect with a location, with AMI or a device owner via social media or email in order to obtain the discount or free music plays.

Promotions will expire if not used within a specified period of time. While we will endeavor to maintain the app so that it displays the expiration date and time of promotional credits, AMI or the person providing the promotional discount are not responsible for promotions that expire unused. Promotional credits, once expired, will not be restored.

Facebook Application
The Facebook application (“FB App”) will allow you to upload, post and/or distribute information about your AMI Account, including, without limitation, your profile picture, game scores and the location at which you’re playing any games (“Content”). Usage of the FB App requires a Facebook account. You must login to your Facebook account each time you wish to post information to Facebook through the FB App in order to link your Facebook account to your AMI Account.

You understand that the Content and consequences of posting the Content are your sole responsibility and are subject to this Agreement. Once Content is posted to your Facebook account, it will be subject to the policies, terms and conditions of your Facebook account. AMI is not responsible for the Content once it is posted to your Facebook account.

Your interactions with other AMI users or other third parties through the FB App and your Facebook account are solely between you and such individuals or entities. You agree that AMI shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings.

Balance and Load Limitations; Payment Terms
You may not have more than $50 (fifty dollars) on your AMI Account and you may not load more than $20 (twenty dollars) on your AMI Account at any one time.

When you load funds to your AMI Account, you represent and warrant to AMI that you are at least thirteen (13) years old and the authorized user of the credit card, gift card or other payment mechanism used to load funds to your AMI Account. If you are under 18 years old, you further represent and warrant that the payment was authorized by a parent or guardian.

When you submit payment information, such as a credit card number, expiration date and “CVV Code”, you grant to AMI the right to transmit such information to third parties for purposes of validating the information and processing payment. AMI uses industry standard third party software to protect your payment information, but AMI is not responsible for any loss or damage occurring as a result of the transmission of payment information to the businesses that process payment, typically called “payment gateways,” or any loss or damage that may occur in communication between the payment gateway and your bank and financial institution.

If AMI stores or transmits credit card or payment details, it will use third party software to provide industry standard encryption. If AMI suffers a loss or theft of data you have provided, federal or Pennsylvania law will govern the process of notifying you. These laws may limit AMI’s liability, and AMI’s liability is further limited by this contract, under the section titled “Liability Disclaimer; No Warranty; No Consequential Damages.

Technology Problems
If, for any reason, an AMI product is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of AMI which corrupts or affects the administration, security, fairness, integrity or conduct of the AMI product, AMI reserves the right in its sole discretion to disqualify any individual who tampers with an AMI product as well as cancel, terminate, modify or suspend your AMI Account. AMI assumes no responsibility for any error, omissions, interruption, deletion, defect or delay in operation with transmission, communications, line failure, theft or destruction or unauthorized access to or allegation of entries. AMI is also not responsible for any problem or technical malfunction of any cable, your mobile device or DSL or network or lines, computer online systems, servers, equipment or software, failure of any e-mail, technical problems, service interruption, service suspension, service termination or traffic congestion on the Internet, a mobile network or any Web site, or Internet connection, or any combination thereof, including any injury or damage to your computer related to or resulting from your use of an AMI product or access to your AMI Account.

You can contact AMI if you believe that your AMI Account is being used without your authorization; you can call AMI at 877-762-6765 and we will block your AMI Account and stop further sales from occurring. There may be a processing delay between the time you provide AMI notice and the time when further sales are stopped in your AMI Account. AMI is not liable for any losses that may result from unauthorized or mistaken use of your AMI Account.

Disclaimers
AMI is not responsible for any late, lost, garbled, misdirected, incomplete, or damaged entries; any disruptions, injuries, losses or damages caused by events beyond the control of AMI or any printing or typographical errors in any materials associated with AMI products or services or any subsidiary or affiliated company of any of the foregoing, are not in any way responsible or liable for any damage, loss or injury (including death) resulting from participation on an AMI product.

AMI devices are typically programmed to allow human control over the order in which media are played. In certain circumstances your media choice may be delayed, cancelled, skipped or interrupted, due to intentional intervention by a third party or due to human error. None of AMI, the owner of the device, or the persons or business providing a location for the device are in any way responsible or liable for any loss of credits, or other damage or injury, from human intervention or human error affecting use of media by you.

At locations with high demand for use of the device, your choice of music is placed in a queue, and played after the songs requested by other patrons (whether paying with cash or through the app). Some devices and locations may randomize the queue, or offer for sale a priority for a patron’s music choice. In these high demand settings, you may be required to depart, including as a result of the location closing, before your music choice is played.

In no event will any refund or credit be provided as a result of a location closing, or your departure for other reasons, before your music choice is played.

Release
By participating on an AMI product, you release and agree to hold harmless, AMI, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the AMI product or your AMI Account (including, without limitation, claims, costs, injuries and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

Inactivity Fees
If you do not make any transactions using funds from your AMI Account for a continuous period of two years (three years if you are a Nevada resident or four years if you are a Maryland resident), then a monthly inactivity fee of $1 (one dollar) will be assessed for each month thereafter that you do not make a transaction.

Official Rules
Your AMI Account is subject to all laws of the United States, and cannot be used in connection with any form of gambling. By joining, you hereby agree to abide by the terms of the official rules and by the decisions of AMI, which are final on all matters pertaining to AMI products and your AMI Account. AMI reserves the right to change the rules of operation of AMI products at any time, in its sole discretion.

Loading Funds from Non-U.S. Dollar Accounts
The funds in your AMI Account are denominated in U.S. dollars. When you load funds to your AMI Account from a payment card that is tied to an account denominated in non-U.S. dollars, the payment network associated with your payment card will impose an exchange rate between the non-U.S. dollar currency and the U.S. dollar. Under the currency conversion procedures used by the payment network, the non-U.S. dollar load amount is converted into a U.S. dollar amount by multiplying the load amount in the non-U.S. dollar currency by a currency conversion rate. The currency conversion rate may vary from a government-mandated rate or the rate the payment network receives and is in effect when the load is processed. This rate may differ from the rate in effect when the load occurred or when it was posted to your AMI Account balance, and may be less favorable to you than the rate you could have gotten if you had converted U.S. dollars into cash.

Minors
You must be at least thirteen (13) years old to hold an AMI Account. You agree to review these terms and conditions with a parent or guardian in order to make sure you and your parent or guardian understand them.

Termination of Use
AMI may modify, perform maintenance, or discontinue operation of this AMI product or your AMI Account with or without notice to you and without liability to you or any third party. AMI may change, suspend or discontinue any aspect of this AMI product or your AMI Account at any time, including the availability of any features or content, and may impose limits on certain features and services or restrict access to parts or all of the services without notice or liability. AMI reserves the right, in its sole discretion, to terminate your access to this AMI product or your AMI Account or any portion thereof at any time, without notice. Funds in your AMI Account are not redeemable for cash, except where required by law.

Jurisdictional Controls
You are subject to the laws of the jurisdiction in which you reside and from which you participate and are solely responsible for adhering to those applicable laws. You agree that AMI cannot be held liable if laws applicable to you restrict or prohibit your participation.

AMI makes no representations or warranties, implicit or explicit, as to your legal right to participate in any services offered by AMI, nor shall any person affiliated, or claiming affiliation with AMI products or AMI have authority to make any such representations or warranties.

Indemnification
You agree to indemnify and hold each of AMI, its sponsors, its affiliates, its officers and its employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this AMI product or your AMI Account.

No Unlawful or Prohibited Use
As a condition of your use of this AMI product and your AMI Account, you warrant to AMI that you will use this AMI product and AMI Account only for personal, family or household non-commercial use and you will not use this AMI product or AMI Account for any purpose that is unlawful or prohibited by the terms, conditions, and notices herein. You may not use this AMI product or AMI Account in any manner which could damage, disable, overburden, or impair this AMI product or AMI Account or interfere with any other party’s use and enjoyment of this AMI product or AMI Account. Additionally, you will not use this AMI product or AMI Account to (a) make available any content that is unlawful, harassing, threatening, tortious, libelous, violent, defamatory, hateful, or otherwise offensive, (b) infringe on any third party intellectual property rights, (c) request personal information from a minor who is not a friend or otherwise personally known to you, (d) harass, threaten or stalk another person or otherwise use an alias identity or misrepresent who you are or (e) send bulk e-mails to recipients. You may not obtain or attempt to obtain or modify any materials or information through any means not intentionally made available or provided for through this AMI product or AMI Account. You may not utilize the FB App in any way that violates this Agreement or violates the rules and obligations of Facebook.

You agree to take reasonable safeguards to ensure that your AMI Account is not used without your permission, AMI may stop sales from your AMI Account and/or stop the loading of funds into your AMI Account, if AMI suspects that you are using your AMI Account in connection with any prohibited activity set forth in this Section.

Intellectual Property License & Restrictions
The system, including any products, Accounts, names, logos, software, content, graphics, music and technology is the sole and exclusive property of AMI, including any and all related intellectual property therein. AMI products including your AMI Account are protected by copyright laws, trademarks, patents and international treaty provisions. Any reproduction or redistribution of AMI products is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this AMI product including your AMI Account.

Your use of this AMI product is governed by the terms of this Agreement. You many not use this AMI product unless you first agree to this Agreement. AMI hereby grants to you, a personal, nontransferable license to use this AMI product, and for no other purpose provided that you keep intact all copyright and other proprietary notices. You acknowledge that this AMI product, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export this AMI product, directly or indirectly, to any countries that are subject to USA export restrictions. You may not de-compile, reverse engineer or disassemble or hack in any form the software distributed by AMI or any of AMI’s sponsors. If AMI determines in its sole discretion that a your AMI Account has been used in violation of this Agreement, such account may be terminated without notice and all AMI Account balances may be confiscated in accordance with applicable law and in no event will AMI be liable for such termination.

Liability Disclaimer; No Warranty; No Consequential Damages
THE INFORMATION, SOFTWARE, PRODUCTS, DATA, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SYSTEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMI AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM AT ANY TIME. ADVICE RECEIVED VIA THE SYSTEM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. AMI AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS EXPRESS OR IMPLIED ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. AMI DOES NOT WARRANT THAT YOUR USE OF THIS AMI PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE AND YOU AGREE THAT AMI CAN FROM TIME TO TIME IN AMI’S SOLE DISCRETION STOP, CHANGE OR ALTER THIS AMI PRODUCT OR CANCEL THIS AMI PRODUCT WITHOUT NOTICE OR LIABILITY TO YOU.

THE SYSTEM INCLUDING ALL INFORMATION, DATA, SOFTWARE, PRODUCTS, SERVICES, YOUR AMI ACCOUNT AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AMI AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM, INFORMATION, DATA, SOFTWARE, PRODUCTS, SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL AMI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM WITH THE DELAY OR INABILITY TO USE THE SYSTEM OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR WITH ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMI OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM, NOTWITHSTANDING THE ABOVE, IN THE EVENT THAT YOUR AMI ACCOUNT IS NON-FUNCTIONAL OR YOU MAKE PURCHASE AND THE AMI PRODUCT IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND AMI’S SOLE LIABILITY, SHALL BE REFUNDING THE AMOUNT IN YOUR AMI ACCOUNT TO YOUR PAYMENT CARD YOU ENTERED IN THE AMI ACCOUNT IF YOUR AMI ACCOUNT IS NON-FUNCTIONAL OR REFUNDING YOU THE AMOUNT DEDUCTED FROM YOUR AMI ACCOUNT BALANCE IN THE EVENT THAT THE AMI PRODUCT IS NON-FUNCTIONAL. AMI IS NOT RESPONSIBLE IF YOUR PAYMENT CARD INFORMATION IS NO LONGER ACCURATE OR YOU OTHERWISE DO NOT RECEIVE THE FUNDS AFTER AMI INITIATES YOUR REFUND.

Miscellaneous
No failure or forbearance on AMI’s part to exercise its rights or insist upon performance of your obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.

AMI may assign its rights and obligations under this Agreement, and upon such assignment, AMI may be relieved of any further obligation hereunder.

These terms and any additional terms constitute the entire understanding between you and AMI as to the subject matter hereof, and supersede all prior or contemporaneous agreements and understandings whether electronic, oral, or written. Any legally unenforceable provision of this Agreement will, at the election of AMI, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and AMI as a result of this Agreement or use of this AMI product. You agree not to hold yourself out as a representative, agent, operator, distributor, or employee of AMI and AMI shall not be liable for any of your representations, acts or omissions.

This Agreement is governed by the laws of the Commonwealth of Pennsylvania. You hereby consent and agree that the courts in and around Philadelphia, PA shall have sole and exclusive jurisdiction and venue regarding any dispute that may arise in connection with this Agreement.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AMI as a result of this Agreement. AMI’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of AMI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this AMI product or information provided to or gathered by AMI with respect to such use.

(i) AMI’s business days are Monday through Friday, except for federal holidays. (ii) AMI or its agents may monitor and/or record your telephone calls with AMI and its servicers or agents . (iii) Use of a payment card in loading funds onto the AMI Account is subject to all rules and customs of the applicable payment network.