Terms of Service
Last updated: July 14, 2016
Thank you for using Amper Music.
THESE TERMS OF SERVICE ("TERMS") GOVERN YOUR ACCESS TO AND USE OF THE SERVICES, SO PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICES. YOUR ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. AS OUR BUSINESS GROWS AND WE ADD NEW FUNCTIONALITY TO THE SERVICES, WE MAY REVISE THESE TERMS PERIODICALLY. IF WE DO, WE WILL POST THE CHANGES HERE AND WILL INDICATE AT THE TOP OF THIS PAGE THE DATE THESE TERMS WERE LAST REVISED. YOUR CONTINUED USE OF THE SERVICES AFTER ANY CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS.
Your Use of Services:
In order to access or use the Services, you may be required to provide current, accurate, identification, contact and other information. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password, so please notify Amper Music immediately of any unauthorized use of your account or any other breach of security.
Updates to our Services such as bug fixes, enhanced functions, or new versions may automatically download and install. You agree to receive such updates as part of your use of the Services.
You may use the Services only if you can form a binding contract with Amper Music and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Modifications to Services and Data:
The Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. Please backup your data as Amper Music has no responsibility for the deletion of or failure to store any data or other content maintained or transmitted by the Services. Amper Music reserves the right to terminate accounts that are inactive for an extended period of time.
You must be 13 years of age to use the Services, with or without registering.
CONDITIONS OF USE
You acknowledge and agree that we may use data capture, analysis and other similar tools to track, extract, compile, aggregate, and analyze any data or information resulting from use of the Services. If you object to any of these changes, your sole recourse is to stop using the Services and remove the extension from your browser.
You agree to not use the Services to post or transmit any content that is unlawful, threatening, contains software viruses, or in a way that, in the sole judgment of Amper Music, restricts or inhibits any other person from using or enjoying the Services, or which may expose Amper Music or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks:
The Services may contain content ("Services Content") that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Amper Music, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part. If you are eligible to use the Services, you are granted a limited license to access and use the Services and the Services Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services or the Services Content other than as authorized by these Terms is strictly prohibited and will terminate the license granted here. The technology and software underlying the Services is the property of Amper Music, our affiliates, and our partners (the "Software"). You agree not to reverse engineer, reverse assemble, or otherwise attempt to discover any source code version of the Software. We reserve all right, title, and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.
The Amper Music names and logos are trademarks and service marks of Amper Music (collectively the "Amper Music Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Amper Music. You may not use any of Amper Music Trademarks without our prior written permission.
User Content Posted through the Services:
You are solely responsible for the content and other materials you upload, publish, post, or otherwise transmit on or through the Services, including text notes, photos, labels, and page tags (collectively, "User Content"). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant Amper Music and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify, and otherwise use your User Content in connection with the operation, advertising, or marketing of the Service, in any form now known or later developed.
We always welcome your comments, questions, suggestions, and feedback about the Site or the Services ("Submissions"). But be aware that any comments or suggestions you make to Amper Music are non-confidential and become the property of Amper Music, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Third Party Material:
Amper Music will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this content. Amper Music does not pre-screen content, but Amper Music and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Services, including the right to remove any content that violates the Terms or is deemed by Amper Music to be objectionable.
Amper Music respects the intellectual property of others, and we ask our users to do the same. Amper Music will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Amper Music's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
100 Ave of the Americas, 16th Floor
New York, NY 10013
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, Amper Music has adopted a policy of terminating, in appropriate circumstances and at Amper Music's sole discretion, members who are deemed to be repeat infringers. Amper Music may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY LINKS AND CONTENT
The Services may provide, or third parties may provide, links or otherwise direct users to sites and resources on the Internet, including through your search history. Amper Music has no control over such sites and resources and Amper Music is not responsible for and does not endorse such sites and resources. Amper Music will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or Services available on or through such site or resource.
By using the Services you agree to release, discharge, and hold harmless Amper Music and its subsidiaries and affiliates (the "Amper Music Entities") from any and all losses, damages, rights, claims, actions of any kind, and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold Amper Music and the Amper Music Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Services, or publicly distributed on the web, your use of the Services, your connection to the Services, your violation of the Terms or your violation of any rights of another; PROVIDED THAT IN NO EVENT WILL YOU HAVE ANY OBLIGATION TO INDEMNIFY AMPER MUSIC FOR ANY LOSS, LIABILITY, OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT, OR INTENTIONAL CONDUCT COMMITTED BY AMPER MUSIC. ANY OBLIGATION TO INDEMNIFY AMPER MUSIC FOR ANY LOSS, LIABILITY, OR EXPENSE ARISING FROM ANY NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, WILLFUL, FRAUDULENT, OR INTENTIONAL CONDUCT COMMITTED BY AMPER MUSIC IS NOT ENFORCEABLE AGAINST ANY VISITOR OF THE SITE FROM NEW JERSEY.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMPER MUSIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
AMPER MUSIC MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, AMPER MUSIC SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMPER MUSIC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMPER MUSIC AND THE AMPER MUSIC ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF AMPER MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL AMPER MUSIC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). ANY LIMITATION OF AMPER MUSIC'S LIABILITY WITH RESPECT TO LIABILITY ARISING FROM AMPER MUSIC'S NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT IS NOT ENFORCEABLE WITH RESPECT TO VISITORS OF THE SITE FROM NEW JERSEY.
SOME JURISDICTIONS DO NOT ALLOW (1) THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES, (2) THE LIMITATION OR EXCLUSION OF LIABILITY FOR NEGLIGENCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR (3) CERTAIN CONTRACTUAL INDEMNIFICATION OBLIGATIONS IMPOSED ON WEBSITE USERS. ACCORDINGLY, SUCH DISCLAIMERS, EXCLUSIONS, LIMITATIONS OR CONTRACTUAL INDEMNIFICATION PROVISIONS MAY NOT BE ENFORCEABLE ON VISITORS FROM ANY SUCH JURISDICTION.
You agree that Amper Music, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. Amper Music will not be liable to you or any third-party for any termination of your access to the Services.
The Terms constitute the entire agreement between you and Amper Music and govern your use of the Services, superseding any prior agreements between you and Amper Music with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate Services, third-party content or third-party software. The Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Amper Music agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Amper Music to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.