Band Terms And Conditions

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") derives from the AmplifiedMusician.com Principles, and governs our relationship with users and others who interact with AmplifiedMusician.com. By using or accessing AmplifiedMusician.com, you agree to this Statement.
  1. Privacy
    2. Your privacy is very important to us. AmplifiedMusician.com will not sell your personal information to anyone or any entity. AmplifiedMusician.com may communicate with you by email from its parent, subsidiaries, or affiliates.
  2. Sharing Your Content and Information
    3. You own all of the content and information you post on AmplifiedMusician.com, and you can control how it is shared through your privacy and application settings. In addition:
    1. For content that is covered by intellectual property rights, like photos, music, and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us the right to display your content on AmplifiedMusician.com. We do not claim ownership or rights to this property other than to display it on the site (including storing a copy of any uploaded IP content on our server for distribution.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time.
    3. When you publish content or information, it means that you are allowing everyone, including people off of AmplifiedMusician.com, to access and use that information, and to associate it with you and your band (i.e., your name, your bands name, and profile picture).
    4. We always appreciate your feedback or other suggestions about AmplifiedMusician.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
  3. Safety
    4. We do our best to keep AmplifiedMusician.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
    1. You will not send or otherwise post unauthorized commercial communications (such as spam) on AmplifiedMusician.com.
    2. You will not collect users' content or information, or otherwise access AmplifiedMusician.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on AmplifiedMusician.com.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will not offer any contest, giveaway, or sweepstakes ("promotion") on AmplifiedMusician.com without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
    9. You will not use AmplifiedMusician.com to do anything unlawful, misleading, malicious, or discriminatory.
    10. You will not do anything that could disable, overburden, or impair the proper working of AmplifiedMusician.com, such as a denial of service attack.
    11. You will not facilitate or encourage any violations of this Statement.
  4. Registration and Account Security
    5. AmplifiedMusician.com users can provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
    1. You will not provide any false personal information on AmplifiedMusician.com, or create an account for anyone other than yourself without permission.
    2. You will not create more than one band profile per band.
    3. If we disable your account, you will not create another one without our permission.
    4. You will not use your personal profile for your own commercial gain (such as selling your page to an advertiser).
    5. You will not use AmplifiedMusician.com if you are under 13.
    6. You will keep your contact information accurate and up-to-date.
    7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    8. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
  5. Protecting Other People's Rights
    6. We respect other people's rights, and expect you to do the same.
    1. You will not post content or take any action on AmplifiedMusician.com that infringes or violates someone else's rights or otherwise violates the law.
    2. We can remove any content or information you post on AmplifiedMusician.com if we believe that it violates this Statement.
    3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    5. You will not use our copyrights or trademarks (including AmplifiedMusician.com and the AmplifiedMusician.com Logo), or any confusingly similar marks, without our written permission.
    6. If you collect information from users, you will: obtain their consent, make it clear you (and not AmplifiedMusician.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    7. You will not post anyone's identification documents or sensitive financial information on AmplifiedMusician.com.
  6. Mobile
    1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
  7. Special Provisions Applicable to Pages
  8. Pages are special profiles that may only be used to promote a musician or other musical endeavor (including bands, orchestras, etc.).
  9. You may only administer an AmplifiedMusician.com Page if you are an authorized representative of the subject of the Page.
  10. When you publish content or information to your Page we have no obligation to distribute your content or information to users.
  11. If you collect user information on your Page, Section 5 of this Statement also applies to you.
  12. You may not establish terms beyond those set forth in this Statement to govern the posting of content by users on a Page you administer, except you may disclose they types of content you will remove from your Page and grounds for which you may ban a user from accessing the Page.
  13. You will restrict access to your Page in order to comply with all applicable laws. For example, if your Page includes content not suitable for minors, you will use your Page to block minors from accessing your Page.
  14. Amendments
    1. We may change this Statement at any time
    2. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
  15. Termination
    16. If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of AmplifiedMusician.com to you. We will notify you at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the provisions will still apply.
  16. Disputes
    1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or AmplifiedMusician.com exclusively in a state or federal court located in Maricopa County. The laws of the State of Arizona will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Maricopa County, Arizona for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on AmplifiedMusician.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. WE TRY TO KEEP AMPLIFIEDMUSICIAN.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING AMPLIFIEDMUSICIAN.COM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT AMPLIFIEDMUSICIAN.COM WILL BE SAFE OR SECURE. AMPLIFIEDMUSICIAN.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR AMPLIFIEDMUSICIAN.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR AMPLIFIEDMUSICIAN.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, AMPLIFIEDMUSICIAN.COM 'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  17. Special Provisions Applicable to Users Outside the United States
      18. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
    1. You consent to having your personal data transferred to and processed in the United States.
  18. Definitions
    1. By "AmplifiedMusician.com" we mean the features and services we make available, including through (a) our website at www.AmplifiedMusician.com and any other AmplifiedMusician.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
    2. By "information" we mean facts and other information about you, including actions you take.
    3. By "content" we mean anything you post on AmplifiedMusician.com that would not be included in the definition of "information."
    4. By "post" we mean post on AmplifiedMusician.com or otherwise make available to us.
    5. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    6. By "active registered user" we mean a user who has logged into AmplifiedMusician.com at least once in the previous 30 days.
  19. Other
    1. This Statement is an agreement between you and AmplifiedMusician.com, Inc. References to "us," "we," and "our" mean either AmplifiedMusician.com or AmplifiedParts.com, as appropriate.
    2. This Statement makes up the entire agreement between the parties regarding AmplifiedMusician.com, and supersedes any prior agreements.
    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    4. If we fail to enforce any of this Statement, it will not be considered a waiver.
    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    8. Nothing in this Statement shall prevent us from complying with the law.
    9. This Statement does not confer any third party beneficiary rights.