Legal

Licensing Overview

Free Beta License

Amper's Free Beta License allows you to use the music you download for any personal, non-commercial use projects, such as Internet videos, corporate videos, and all non-commercially distributed projects.

The Free Beta License can be used for an unlimited number of projects, worldwide in perpetuity. The Free License is also included when you purchase a Premium License.

Premium License

The Premium License covers advertising use in a single territory on TV, on the radio, in theaters, out of home, and at points of sale and industrial events. It also includes unlimited distribution worldwide of projects intended to generate revenue to you.

If you would like to purchase a Premium License, simply contact us.

If you are unsure of which license is right for your needs, please feel free to contact our support team. We are happy to help.

If you'd prefer to review legal documents, you can read through our legal end-user license agreement.

Terms of Service

Last updated: July 14, 2016

Thank you for using Amper Music.

Amper Music, Inc. ("Amper Music," "we," "us," "our") provides Amper Music's Services to you through its website located at www.ampermusic.com (the "Site") (collectively, such Services, including any new features, and the Site, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Use"); provided that your use of Amper Music's professional quality music creation platform (the "Platform") will be governed by a separate User Agreement and Services does not include the Platform. We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without further notice. You should periodically visit this page to review the current Terms of Use so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

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.

THE SERVICES

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.

Age:

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.

Copyright Complaints:

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:

Andrew Silverstein
Amper Music
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.

RELEASE

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.

INDEMNITY

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.

THE FOREGOING DISCLAIMERS OF WARRANTIES OF THE TERMS OF USE ARE NOT ENFORCEABLE WITH RESPECT TO VISITORS OF THE SITE FROM NEW JERSEY, TO THE EXTENT THAT SUCH DISCLAIMER IS UNREASONABLE.

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.

TERMINATION

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.

GENERAL

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.

YOUR PRIVACY

At Amper Music we respect the privacy of our users and have outlined our collection, use, and disclosure of personal information and registration data in our Privacy Policy. By using the Services, you accept and agree with all provisions of the Privacy Policy.

End User License Agreement

LAST UPDATED: MARCH 2, 2017

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (THESE "TERMS") BEFORE USING THE AMPER MUSIC PLATFORM (AS DEFINED BELOW). THESE TERMS FORM A BINDING AND EXECUTED WRITTEN AGREEMENT (THE "AGREEMENT") BETWEEN AMPER MUSIC, INC., A DELAWARE CORPORATION ("AMPER MUSIC") AND THE ENTITY AGREEING TO THE LICENSE AGREEMENT ("USER"). THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU CLICK THE "ACCEPT" BUTTON BELOW (OR ANY SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED BY AMPER MUSIC TO SHOW YOUR ACCEPTANCE OF THESE TERMS) (SUCH DATE, THE "EFFECTIVE DATE"). IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER, OR THE APPLICABLE ENTITY, TO THE AGREEMENT; (II) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND (III) YOU AGREE, ON BEHALF OF THE PARTY THAT YOU REPRESENT, TO THIS AGREEMENT. ACCEPTANCE OF THIS LICENSE AGREEMENT IS REQUIRED AS A CONDITION TO PROCEEDING WITH THE DOWNLOAD, INSTALLATION, AND/OR USE OF THE AMPER MUSIC PLATFORM (AS DEFINED BELOW). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT OR IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR THE APPLICABLE ENTITY, CLICK THE "DO NOT ACCEPT" BUTTON BELOW AND DO NOT USE THE AMPER MUSIC PLATFORM.

USER AND AMPER MUSIC MAY EACH BE REFERRED TO HEREIN AS A "PARTY" IN THESE TERMS, AND ARE, COLLECTIVELY, THE "PARTIES".

AMPER MUSIC MAY CHANGE THESE TERMS AND CONDITIONS UPON THIRTY (30) DAYS' WRITTEN NOTICE TO USER, WHICH AMPER MUSIC MAY DELIVER BY EMAIL OR BY POSTING NOTICE OF THE CHANGE ON AMPER MUSIC'S WEBSITE LOCATED AT WWW.AMPER MUSIC.COM. IF YOU CONTINUE TO USE THE AMPER MUSIC PLATFORM AFTER THE EXPIRATION OF THE THIRTY (30) DAY NOTICE PERIOD, USER SHALL BE DEEMED TO HAVE ACCEPTED AND IS BOUND BY THE NEW TERMS.

IN CONSIDERATION OF THE MUTUAL PROMISES BELOW AND OTHER GOOD AND VALUABLE CONSIDERATION THE SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:

BACKGROUND

Amper Music offers a self-service professional quality music creation platform. User wishes to access, and Amper Music is willing to provide User access to use, the Amper Music Platform (as defined below) on the terms and conditions described in this Agreement.

1. DEFINITIONS

The following terms, when used in this Agreement, shall have the following meanings:

"Amper Music Platform" means Amper Music's self-service professional quality music creation platform (in object form only), which Amper Music makes available to User as a service over the Internet.

"Confidential Information" means, subject to the exceptions set forth in the following sentence, any information or data, regardless of whether it is in tangible form, disclosed by either Party (the "Disclosing Party") that the Disclosing Party has either marked as confidential or proprietary, or has identified in writing as confidential or proprietary within thirty (30) days of disclosure to the other Party (the "Receiving Party"); provided, however, that a Disclosing Party's business plans, strategies, technology, research and development, current and prospective customers, billing records, and products or services shall be deemed Confidential Information of the Disclosing Party even if not so marked or identified. Information will not be deemed "Confidential Information" if such information: (a) is known to the Receiving Party prior to receipt from the Disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (b) becomes known (independently of disclosure by the Disclosing Party) to the Receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (c) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party; or (d) is independently developed by the Receiving Party.

"User Created Content" means any musical work, musical compositions, lyrics, sound recordings or other content created or developed by or on behalf of User to Amper Music using the Amper Music Platform.

2. ACCESS TO AMPER MUSIC PLATFORM; LICENSES

2.1 Access to Amper Music Platform. Subject to the terms and conditions of this Agreement, Amper Music hereby grants User a non-exclusive right to access and use the Amper Music Platform for its internal business purposes. User shall not license, sublicense, sell, resell, lease, transfer, distribute, time share, or otherwise commercially exploit or make the Amper Music Platform available to any third party or reverse-engineer, decompile, translate, or create derivative works of the Amper Music Platform in any manner. All ownership rights, title, and interest in and to the Amper Music Platform, as such may be modified, upgraded, and/or enhanced from time to time (together with all intellectual property rights therein) will remain with and belong exclusively to Amper Music. Amper Music reserves all right, title, and interest in and to the Amper Music Platform not expressly granted to User herein.

2.2 Restrictions. Except as expressly permitted hereunder, User shall not and shall not permit or authorize any third party to: (a) copy, modify, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, or algorithms of any of the Amper Music Platform; (b) translate or create derivative works based on any of the Amper Music Platform; (c) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Amper Music Platform available to any third party; (d) access or use the Amper Music Platform (or any part thereof) or any User Created Content to create, develop, or build a product, solution, platform, or service which is the same as, substantially similar to or competes with the Amper Music Platform; (e) use the Amper Music Platform other than for its legitimate business purposes as contemplated by this Agreement; or (f) interfere with or disrupt the integrity or performance of the Amper Music Platform or the data contained therein or attempt to gain unauthorized access to the Amper Music Platform or its related systems or networks.

2.3 Data. Amper Music may: (i) copy, use, modify, distribute, display, and disclose User Data solely to the extent necessary to provide the Amper Music Platform to User pursuant to the terms and conditions of this Agreement; (ii) copy, modify, and use User Data in connection with internal operations and functions, including, but not limited to, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes; and (iii) copy, modify and use User Data on an aggregate and de-identified basis, stripped of any personally identifiable information, for marketing purposes and internal business purposes and analytics, provided that such use or disclosure does not identify User or User's products, services, segments, attributes, search criteria, or any end user or consist of data solely attributable to User. For purposes hereof, "User Data" means any and all information collected and/or stored by or on behalf of Company in connection with or derived from User's use of the Amper Music Platform, excluding data and information relating to the operation and/or performance of the Amper Music Platform.

2.4 Feedback. User may from time to time provide suggestions, comments for enhancements or functionality or other feedback ("Feedback") to Amper Music with respect to the Amper Music Platform. Amper Music shall have full discretion to determine whether or not to proceed with the development of the requested enhancements, new features, or functionality. User hereby grants Amper Music a royalty-free, fully paid up, worldwide, transferable, sublicensable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of the Feedback; and (b) use the Feedback and/or any subject matter thereof, including without limitation, the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide, and/or lease products or services which practice or embody or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.

3. FEES; REIMBURSEMENT OF EXPENSES

3.1 Payment. User shall pay to Amper Music the standard fees made publicly available on Amper Music's website, www.AmperMusic.com. If payment of any fees is not made after it becomes due and payable, a late fee shall accrue at the rate of the lesser of one and one half percent (1.5%) per month or the highest legal rate permitted by law.

3.2 Net of Taxes. All amounts payable by User to Amper Music are exclusive of any sales, use and other taxes or duties, however designated, including without limitation, withholding taxes, royalties, know how payments, customs, privilege, excise, sales, use, value added, and property taxes (collectively "Taxes"). User shall be solely responsible for payment of any Taxes, except for those taxes based on the income of Amper Music. User will not withhold any Taxes from any amounts due Amper Music.

4. OWNERSHIP AND CONFIDENTIALITY

4.1 User Ownership Rights. Subject to the terms and conditions of this Agreement, Amper Music hereby grants User the non-exclusive, royalty-free, personal, and non-commercial license and right to copy, display, distribute, modify (including the right to create derivative works of) and otherwise use the User Created Content.

4.2 Amper Music Ownership Rights. Except for the licenses and rights granted hereunder, all rights, title, and interests, including, but not limited to, all worldwide patent, copyright, trademark, trade secret, and any other rights in and to the Amper Music Platform and any other Amper Music product or service are retained by Amper Music. User agrees that it shall not do, or cause to be done, any acts or things contesting or in any way impairing or tending to impair any portion of the right, title, and interest of Amper Music or its licensors in and to such intellectual property rights.

4.3 Nondisclosure and Use Restrictions. Each Party acknowledges that the Confidential Information constitutes valuable trade secrets and proprietary information of a Party, and each Party agrees that it shall use the Confidential Information of the other Party solely in accordance with the provisions of this Agreement and it will not disclose, or permit to be disclosed, the same directly or indirectly, to any third party without the other Party's prior written consent, except as otherwise permitted hereunder. Nothing in this Section 4.3 is intended to restrict or otherwise limit the exercise by a Party of the rights and licenses granted to it under this Agreement; provided that such Party uses reasonable measures to protect the confidentiality and value of the other Party's Confidential Information. Notwithstanding any provision of this Agreement, either Party may disclose this Agreement, in whole or in part (a) to its employees, officers, directors, attorneys, auditors, financial advisors and/or subcontractors who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Agreement; and (b) as reasonably deemed by a Party to be required by law (in which case each Party shall provide the other with prior written notification thereof, shall provide such Party with the opportunity to contest such disclosure, and shall use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law). Each Party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. In the event of actual or threatened breach of the provisions of this Section 4.3, the non-breaching Party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each Party shall promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Agreement. Upon the termination of this Agreement, each receiving Party agrees to promptly return to disclosing Party or destroy all Confidential Information of the disclosing Party that is in the possession of receiving Party and to certify the return or destruction of all such Confidential Information and embodiments.

5. REPRESENTATIONS, WARRANTIES AND EXCLUSIONS

5.1 Representations and Warranties of Each Party. Each Party represents and warrants to the other Party that (a) such Party has the required power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the execution of this Agreement and performance of its obligations thereunder do not and will not violate any other agreement to which it is a party; and (c) this Agreement constitutes a legal, valid, and binding obligation when signed by both Parties.

5.2 Representations and Warranties of User. User further represents and warrants that User has the full legal authority to grant the rights in and to the User Created Content granted in this Agreement.

5.3 Exclusions. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE AMPER MUSIC PLATFORM IS PROVIDED ON AN "AS-IS" BASIS, AND AMPER MUSIC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. USER ACKNOWLEDGES THAT AMPER MUSIC DOES NOT WARRANT THAT THE AMPER MUSIC PLATFORM WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR FREE FASHION AT ALL TIMES.

5.4 Beta Stage. To the extent User receives a beta-stage version of the Amper Music Platform, User agrees as follows until such time as the Amper Music Platform is no longer a beta-stage version:

User acknowledges and agrees that the Amper Music Platform is still under development, may contain defects, deficiencies, errors, and omissions and is not at a level of functionality, performance, or compatibility of a commercial product offering. User shall be solely responsible for any data and/or software loss or corruption arising from any use of the Amper Music Platform and for the protection and back-up of any User data and software used in conjunction with the Amper Music Platform. Amper Music reserves the right at any time unilaterally to abandon the Amper Music Platform or, if it does include the Amper Music Platform in a commercially released product, to alter features, licensing terms, or other characteristics of the commercial release. Amper Music retains the right to modify or revise the Amper Music Platform furnished to User hereunder.

6. INDEMNIFICATION

6.1 Infringement Defense. In the event of a claim brought against User arising from the infringement or misappropriation of a third party copyright, United States patent, trade secret, or trademark by reason of the use of the Amper Music Platform (excluding any User Created Content incorporated therein) by User as permitted hereunder, Amper Music shall, at its expense, defend such claim, and pay damages actually awarded or paid in connection therewith, including the reasonable fees and expenses of the attorneys engaged by Amper Music for such defense, provided that (i) User shall promptly notify Amper Music of such claim, (ii) Amper Music shall have the sole and exclusive authority to defend and/or settle any such claim and (iii) User reasonably cooperates with Amper Music in connection therewith.

6.2 Actions in Response to Potential Infringement. If the use of the Amper Music Platform by User has become, or in Amper Music's opinion is likely to become, the subject of any claim of infringement, Amper Music may at its option and expense (a) procure for User the right to continue using the Amper Music Platform as set forth hereunder; (b) replace or modify the Amper Music Platform to make it non-infringing so long as the Amper Music Platform has at least equivalent functionality; (c) substitute an equivalent for the Amper Music Platform or (d) if options (a)-(c) are not reasonably practicable, terminate this Agreement.

6.3 Limitation on Infringement Indemnification. Amper Music shall have no liability or obligation under Sections 6.1 and 6.2 with respect to any claim if such claim is caused in whole or in part by (a) compliance with designs, guidelines, plans, or specifications provided by User; (b) modification of the Amper Music Platform by any party other than Amper Music without Amper Music' express consent; or (c) the combination, operation, or use of the Amper Music Platform with other applications, portions of applications, product(s), data, or services where the Amper Music Platform would not by itself be infringing. THIS SECTION 6 STATES AMPER MUSIC'S ENTIRE AND EXCLUSIVE LIABILITY AND OBLIGATION, AND USER'S EXCLUSIVE REMEDY (AT LAW OR IN EQUITY), WHETHER STATUTORY, CONTRACTUAL, EXPRESS, IMPLIED, OR OTHERWISE, FOR ANY CLAIM OF ANY NATURE RELATED TO INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY.

6.4 Indemnification by User. User shall indemnify, defend and hold harmless Amper Music against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) directly or indirectly brought against Amper Music by any third party arising from (a) the use of the Amper Music Platform in violation of the terms of this Agreement; (b) the exercise of any rights granted by User to Amper Music in or to the User Created Content in accordance with this Agreement, or (c) for any of the circumstances described in Section 6.3; provided that: (i) Amper Music shall promptly notify User of such claim, (ii) User shall have the sole and exclusive authority to defend and/or settle any such claim and (iii) Amper Music reasonably cooperates with User in connection therewith.

7. LIMITATION OF LIABILITY

7.1 LIMITATIONS ON REMEDY. EXCEPT FOR LIABILITY ARISING FROM A BREACH BY USER OF SECTION 2, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF A REPRESENTATIVE OF A PARTY HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR LIABILITY ARISING FROM A BREACH OF BY USER OF SECTION 2 OR A PARTY'S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 6, HEREOF, NEITHER PARTY SHALL BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID OR PROPERLY PAYABLE BY USER DURING THE TWELVE MONTHS PRECEDING THE INCIDENT OR CLAIM. EXCEPT FOR BREACHES BY A USER OF SECTION 2, MONETARY DAMAGES, AS LIMITED BY THIS SECTION 7, WILL BE EACH PARTY'S SOLE AND EXCLUSIVE ALTERNATIVE REMEDY (AT LAW OR IN EQUITY) IN THE EVENT THAT ANY EXCLUSIVE REMEDY HEREUNDER IS FOUND TO FAIL ITS ESSENTIAL PURPOSE. THE PROVISIONS OF THIS SECTION 7 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

8. TERM, TERMINATION

8.1 Term of Agreement. This Agreement will be effective from the Effective Date and continue until terminated in accordance with this Agreement (the "Term").

8.2 Termination. Either Party may terminate this Agreement upon fifteen (15) days' prior written notice to the other Party. Either party may terminate this Agreement if the other party commits a material breach that is not cured within 30 days of written notice requiring remedy or, if the breach is the non-payment of money, that is not cured within 10 days of written notice.

8.3 Obligations on Termination. Upon termination or expiration of the Term or other termination of this Agreement, all rights granted hereunder and all obligations of Amper Music to provide the Amper Music Platform shall immediately terminate. Termination of this Agreement or expiration of the Term shall not relieve User from paying all fees accruing prior to termination. Sections 1, 2.3, 2.4, 4, 6, 7, 8 and 9 shall survive the termination or expiration of this Agreement or the Term for any reason whatsoever.

8.4 Force Majeure. No Party hereto shall have any liability under this Agreement for such Party's failure or delay in performing any of the obligations imposed by this Agreement to the extent such failure or delay is the result of any of the following events (each, a "Force Majeure Event"): (i) any fire, explosion, unusually severe weather, natural disaster, or Act of God; (ii) epidemic; any nuclear, biological, chemical, or similar attack; any other public health or safety emergency; any act of terrorism; and any action reasonably taken in response to any of the foregoing; (iii) any act of declared or undeclared war or of a public enemy, or any riot or insurrection; (iv) damage to machinery or equipment; any disruption in transportation, communications, electric power or other utilities, or other vital infrastructure; or any means of disrupting or damaging internet or other computer networks or facilities; (v) any strike, lockout, or other labor dispute or action; (vi) any action taken in response to any of the foregoing events by any civil or military authority; or (vii) any other event beyond such Party's control; provided that financial inability in and of itself shall not be a Force Majeure Event.

9. GENERAL

9.1 Publicity. Neither Party will make any separate public announcement regarding this Agreement or any of the contents contained herein without the prior written consent of the other Party, which will not be unreasonably withheld. Notwithstanding the foregoing, once user consents to the foregoing, during the Term, Amper Music may (i) issue press releases announcing and/or describing the relationship between Amper Music and User; (ii) use User's name and marks in any general listing of customers of Amper Music in marketing and promotional materials, including on the Amper Music website; (iii) use User's name in connection with proposals to third parties; and (iv) otherwise refer to User in print or electronic form for marketing, reference and other business purposes.

9.2 No Assignment. Neither Party may assign this Agreement, or sublicense any of the rights granted herein, in whole or in part, without the prior written consent of the non-assigning Party, which consent may be withheld at the sole discretion of the non-assigning Party. Notwithstanding the foregoing, either Party may assign this Agreement without such consent to any person or entity controlling, controlled by, or controlled in conjunction with such Party or that acquires all or substantially all of the assets and business of the assigning Party to which this Agreement relates by merger or purchase, provided that such person or entity assumes in writing all of the terms and conditions of this Agreement. Any attempt by either Party to assign or transfer any of the rights, duties or obligations of this Agreement in violation of the foregoing shall be null and void.

9.3 Amendment; Waiver. User may not amend or modify this Agreement, in whole or in part, except in a writing signed by a duly authorized representative of each Party. No provision or part of this Agreement or remedy hereunder may be waived except by a writing signed by a duly authorized representative of the Party making the waiver. Failure or delay by either Party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

9.4 Relationship. Nothing in this Agreement shall be construed to place the Parties hereto in an agency, employment, franchise, joint venture, or partnership relationship. Neither Party will have the authority to obligate or bind the other in any manner, and nothing herein contained shall give rise or is intended to give rise to any rights of any kind to any third parties. Neither Party will represent to the contrary, either expressly, implicitly, or otherwise.

9.5 Severability. In the event that any provision of this Agreement is found to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable, and such provision as so reformed will continue in effect, to the extent consistent with the intent of the Parties as of the Effective Date. If any provision or part of this Agreement will, to any extent, be or become invalid, illegal, or unenforceable, the remainder of this Agreement will continue in effect, and every other provision of this Agreement will remain valid and enforceable to the full extent permitted by applicable law. In such event, the invalid or unenforceable provision shall be reformed only to the extent necessary to make it enforceable, and such provision as so reformed will continue in effect, to the extent consistent with the intent of the Parties as of the Effective Date.

9.6 Governing Law, Jurisdiction. All disputes, claims, or controversies arising out of this Agreement, or the negotiation, validity, or performance of this Agreement, or the transactions contemplated hereby shall be governed by and construed in accordance with the laws of the State of New York without regard to its rules of conflict of laws. Each of the Parties hereto hereby irrevocably and unconditionally consents to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in New York, New York (the "New York Courts") for any litigation among the Parties hereto arising out of or relating to this Agreement, or the negotiation, validity, or performance of this Agreement; waives any objection to the laying of venue of any such litigation in the New York Courts; and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in any inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts.

9.7 Notices. All notices under or related to this Agreement will be in writing and will reference this Agreement. Notices will be deemed given when: (i) delivered personally; (ii) sent by confirmed telecopy or other electronic means; (iii) three (3) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) day after deposit with a commercial overnight carrier, with written verification of receipt. All communications will be sent to the addresses set forth on the Cover Page or such other addresses, including email addresses, designated pursuant to this Section 9.7.

9.8 Entire Agreement. This Agreement constitutes the entire agreement between the Parties. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter, and prevails over any conflicting terms or conditions contained on printed forms submitted with purchase orders, sales acknowledgments or quotations. This Agreement may not be modified or waived, in whole or part, except in writing and signed by an officer or duly authorized representative of both Parties.

[END OF TEXT]

Privacy Policy

This Privacy Policy was last updated on July 14, 2016.

  • Our Policy
  • Information We Collect
  • Our Use of Your Personal Data and Other Information
  • Our Disclosure of Your Personal Data and Other Information
  • Your Choices
  • Exclusions
  • Children
  • Links To Other Web Sites
  • Security
  • Other Terms and Conditions
  • Changes to Amper Music’s Privacy Policy
  • Accessing Information; Contacting Amper Music

OUR POLICY:

Welcome to the web site (the "Site") of Amper Music, Inc. ("Amper Music", "Amper, "we", "us" and/or "our"). This Site is operated by Amper Music and has been created to provide information about our organization and to provide a platform for personal and professional music, audio, other media creation, etc. (the "Amper Music Services") to our Site visitors ("you", "your"). This Privacy Policy sets forth Amper Music's policy with respect to information including personally identifiable data ("Personal Data") and other information that is collected from Site visitors.

INFORMATION WE COLLECT:

When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Site: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Amper Music Services or use certain Amper Music Services. Wherever Amper Music collects Personal Data we make an effort to provide a link to this Privacy Policy.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to this Site, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Amper Music and the authorized third parties referred to herein located in the United States.

Other Information:

Non-Identifiable Data: When you interact with Amper Music through the Site, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Amper Music may store such information itself or such information may be included in databases owned and maintained by Amper Music affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.

In operating this Site, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site's features.

This Site uses Mixpanel to help analyze how users use the site. The tool uses "cookies" to collect standard Internet log information and visitor behavior information. The information generated by the cookie about your use of the website (including IP address) is transmitted to Mixpanel. This information is then used to evaluate visitors' use of the website and to compile statistical reports on website activity for us. We further use the statistical analytics tool to track or to collect Personally Identifiable Information (PII) of visitors to our site including your account information and email address. We will use this information in order to maintain, enhance, or add to the functionality of the Website. Mixpanel will not share your PII or associate your PII with any other data held by Mixpanel.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Amper Music Services, Amper Music often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Amper Music may share this aggregate data with its affiliates, agents and business partners. This aggregate information may or may not identify you personally. Amper Music may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

OUR USE OF YOUR PERSONAL DATA AND OTHER INFORMATION:

Amper Music uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Amper Music Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Amper Music and its subsidiaries and affiliates (the "Amper Music Related Companies") may also use your Personal Data, personally identifiable information, and other personally non-identifiable information collected through the Site to help us improve the content and functionality of the Site, to better understand our users and to improve the Amper Music Services. Amper Music and its affiliates may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.

If Amper Music intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION:

Amper Music is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: Amper Music, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Amper Music may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Amper Music, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

YOUR CHOICES:

You can use the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Amper Music Services.

EXCLUSIONS:

This Privacy Policy does not apply to any Personal Data collected by Amper Music other than Personal Data collected through the Site. This Privacy Policy shall not apply to any unsolicited information you provide to Amper Music through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards (collectively, "Public Areas"), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and Amper Music shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

CHILDREN:

Amper Music does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Amper Music through this Site, please contact us, and we will endeavor to delete that information from our databases.

1. Links to Other Web Sites:

This Privacy Policy applies only to the Site. This Site may contain links to other web sites not operated or controlled by Amper Music (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that Amper Music endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

2. Security:

Amper Music takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to Amper Music via the Internet.

3. Other Terms and Conditions:

Your access to and use of this Site is subject to the Terms of Use.

4. Changes to Amper Music's Privacy Policy:

The Site and our business may change from time to time. As a result, at times it may be necessary for Amper Music to make changes to this Privacy Policy. Amper Music reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

ACCESS TO INFORMATION; CONTACTING AMPER MUSIC:

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Site.

Please also feel free to contact us if you have any questions about Amper Music's Privacy Policy or the information practices of this Site.

You may contact us as follows: Andrew Silverstein, privacy@ampermusic.com.

[** Your California Privacy Rights:

Applicable California privacy legislation permits visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request to access such information, please contact us as follows: send an email to Andrew Silverstein at hello@ampermusic.com. Within thirty (30) days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.]