Important:  Please read these Terms of Service carefully before using this website. An effort has been made to provide the Terms of Service in plain language. By using this website offered by Hapax (“Our,” “We,” or “Us”), you acknowledge that you have read, understood, and agree to these terms.

These Terms of Service govern your use of the services and products available at or through the OpenAmplify.com website, including, but not limited to, the hosted OpenAmplify metadata generation and retrieval services, sample code, and OpenAmplify-developed applications.

OpenAmplify is a trademark of Hapax.  The OpenAmplify service is owned and operated by Hapax.  The service is offered subject to your complete acceptance of the terms contained herein and all other operating rules, policies (including OpenAmplify’s and Hapax’ Privacy Policy) and terms that may be published from time to time on this site by Hapax (collectively, the “Agreement”).  Please read this Agreement carefully before accessing the OpenAmplify services or products.

Your OpenAmplify service.  If you access the OpenAmplify service, you are responsible for maintaining your use of the service, and you are responsible for describing the service according to our below guidelines.  Hapax may change or remove your access to any OpenAmplify service that it considers inappropriate or unlawful, or otherwise likely to cause Hapax liability.

Should you use the OpenAmplify service on a trial or developer basis, you also agree to the following:

(i.)    Service Description.  When deploying or utilizing OpenAmplify-derived content on your site or within your application, you agree to display the OpenAmplify icon logo.
(ii.)    Service Icon/Logo Display.  When deploying or utilizing OpenAmplify-derived content, you agree not to make any changes to the shape and size of the OpenAmplify logo.
(iii.)    Service User Interface Display.  When a reader clicks on the OpenAmplify icon logo you agree to hyperlink that logo directly to our home page at http://www.openAmplify.com

If you submit Content to the us via your OpenAmplify-assigned identification, you shall represent and warrant that the Content is not connected with (a) the infringement of intellectual property rights including Our rights in Our copyrights, marks and articles; (b) the unauthorized transmission of unsolicited commercial electronic mail; (c) the transmission of defamatory materials; and (d) fraud.

You shall represent and warrant that you will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of our website.

Further, in the case of Content that includes computer code, you shall represent and warrant that you accurately categorized and described the type, nature, uses and effects of the materials, whether requested to do so by OpenAmplify or otherwise.

You must immediately notify Hapax of any unauthorized uses of your account or any other breaches of security.  Hapax will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You understand that Hapax may retain a copy of the data submitted by you or that generated by the OpenAmplify service.  By submitting or generating data through the OpenAmplify service, you grant Hapax a non-exclusive perpetual, sublicensable, royalty-free license to that data.  From a privacy standpoint, Hapax’ use of this data is governed by the terms of the Hapax and OpenAmplify Privacy Statements.

Responsibility of All Users.  Hapax has not reviewed, and cannot review, all of the material stored in the OpenAmplify Web Service, and cannot therefore be responsible for that material’s content, use or effects.  By operating the OpenAmplify Web Service, Hapax does not represent or imply that it endorses the material there displayed or stored, or that it believes such material to be accurate, useful or non-harmful.  The OpenAmplify service may store and return to you content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.  The OpenAmplify service may also contain content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.  Hapax disclaims any responsibility for any harm resulting from the use of the service.

Limitations on Use.  As an author of content submitted to the OpenAmplify service there are certain limitations on your rights to use the results of this service, specifically:

• You will not use any metadata produced by OpenAmplify to create a metadata retrieval service similar to OpenAmplify.  To ensure the quality of metadata for all OpenAmplify users we want to maintain a single verifiable metadata storage location.
• You will not resell the service.
• You will not do bulk processing where you are adding minimal value beyond adding OpenAmplify metadata to the content.  For example – if you are a webcrawler you should not send everything to OpenAmplify before sending it to your users.
• If you are an ISP or other provider of Internet connectivity you cannot use OpenAmplify in conjunction with any effort to track, monitor or analyze user behavior in any manner.
• Any use in conjunction with deep packet inspection or similar monitoring technologies is specifically prohibited.

Service Termination.  Without limiting any of the above representations or warranties, Hapax has the right (though not the obligation) to, at Hapax’ sole discretion (i) refuse to provide the OpenAmplify service to you, if it in Hapax’ reasonable opinion violates any OpenAmplify policy or is in any way harmful or objectionable, or (ii) immediately terminate or deny access to and use of the OpenAmplify service to any individual or entity for any reason, in Hapax’ sole discretion.

Copyright Infringement and DMCA Policy.  If you believe that material located on or linked to by the OpenAmplify service violates your copyright, you are encouraged to notify Hapax in accordance with Hapax’ OpenAmplify Digital Millennium Copyright Act (“DMCA”) Policy.  Hapax will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Hapax or others, Hapax may, at its discretion, terminate or deny access to and use of the OpenAmplify service.

Intellectual Property.  This Agreement does not transfer from Hapax to you any Hapax or third-party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with Hapax.  OpenAmplify, OpenAmplify.com, the Amplify logo, and all other trademarks, service marks, graphics and logos used in connection with the Amplify service, or the Website are trademarks or registered trademarks of Hapax.  Other trademarks, service marks, graphics and logos used in connection with the service may be the trademarks of other third parties.  Your use of the Website grants you no right or license to reproduce or otherwise use any Hapax or third-party trademarks.

Changes.  Hapax reserves the right, at its sole discretion, to modify or replace any part of this Agreement.  It is your responsibility to check this Agreement periodically for changes.  Your continued use of or access to the OpenAmplify service following the posting of any changes to this Agreement constitutes acceptance of those changes.  Hapax may also, in the future, offer new services and/or features through the service or Website (including, the release of new tools and resources).  Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.  Hapax may terminate your access to all or any part of the OpenAmplify service at any time, with or without cause, with or without notice, effective immediately.  If you wish to terminate this Agreement you may simply cease utilizing the service.  All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.  The OpenAmplify service is provided “as is.”  Hapax and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.  Neither Hapax nor its suppliers and licensors makes any warranty that the OpenAmplify service will be error-free or that access thereto will be continuous or uninterrupted.

Limitation of Liability.  In no event will Hapax, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data.  Hapax shall have no liability for any failure or delay due to matters beyond its reasonable control.  The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.  You represent and warrant that (i) your use of the OpenAmplify service will be in strict accordance with the OpenAmplify and Hapax Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside) and (ii) your use of the OpenAmplify service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.  You agree to indemnify and hold harmless Hapax, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the OpenAmplify service, including but not limited to out of your violation this Agreement.

Miscellaneous.  This Agreement constitutes the entire agreement between Hapax and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hapax, or by the posting by Hapax of a revised version.  Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the OpenAmplify service will be governed by the laws of the state of Maryland, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Annapolis, Maryland.  Hapax may assign its rights under this Agreement without condition.  You may not.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.