Terms of Service

 

 

1. Your Acceptance 

www.ampduplive.com (the "Website") is owned and operated by AMP'd UP Live!, Inc. ("AMPdUpLive"). By using or visiting the Website, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "terms of service"). If you do not agree to any of these terms, then please do not use the Website.  

2. AMP'd UP Live Website 

These Terms of Service apply to all users of the Website, including users who are also contributors of artistic content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by AMP'd UP Live!. AMP'd UP Live! has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AMP'd UP Live! will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve AMP'd UP Live! from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit. 

3. Website Access 

AMP'd UP Live! hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:  

your use of the Website as permitted is solely for your personal use; 
you will not copy or distribute any part of the Website in any medium without AMP'd UP Live's prior written authorization; 
you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and 
you will otherwise comply with the terms and conditions of these Terms of Service. 

4. Intellectual Property Rights 

The content on the Website, except User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to AMP'd UP Live!, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. AMP'd UP Live! reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. 

5. Privacy Policy 

AMP'd UP Live! takes the privacy of its readers seriously. Our Privacy Policy is available at http://www.AMPDUPLIVE.com/privacy.html. By accepting the Terms of Service, you agree to be bound by our Privacy Policy. 

6. User Submissions 

The Website may now or in the future permit the submission of writings, art works or other visual images submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, AMP'd UP Live! does not guarantee any confidentiality with respect to any submissions.  

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: 

you own or have the necessary licenses, rights, consents, and permissions to use and authorize AMP'd UP Live! to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to AMP'd UP Live!, subject to a separately executed artist representation agreement whose terms shall be fully binding upon you, you hereby grant AMP'd UP Live! a license to use, reproduce, distribute, display, and perform the User Submissions in connection with the Website and AMP'd UP Live!'s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.  

In connection with User Submissions, you further agree that you will not: 

-submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AMP'd UP Live! all of the license rights granted herein; 
-publish falsehoods or misrepresentations that could damage AMP'd UP Live! or any third party; 
-submit material that is unlawful, defamatory, libelous, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; 
-post advertisements or solicitations of business: 
impersonate another person. 

AMP'd UP Live! expressly disclaims any and all liability in connection with User Submissions. AMP'd UP Live! does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AMP'd UP Live! will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. AMP'd UP Live! reserves the right to remove Content and User Submissions without prior notice. AMP'd UP Live! will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. AMP'd UP Live! also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to defamatory material. AMP'd UP Live! may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.  

In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

AMP'd UP Live!'s designated Copyright Agent to receive notifications of claimed infringement is: ampduplive@gmail.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to AMP'd UP Live! customer service through ampduplive@gmail.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.Claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees. 

You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that AMP'd UP Live! is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AMP'd UP Live! with respect thereto, and agree to indemnify and hold AMP'd UP Live!, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. 

Images on the Website may have visible or embedded digital watermarks. Any attempt to remove, diminish or destroy these markings shall constitute an immediate breach of this agreement and shall result in the suspension of the user's use of the Website. 

7. Warranty Disclaimer 

YOU AGREE THAT YOUR USE OF THE RESOURCE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RESOURCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. RESOURCE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY 

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, 
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, 
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, 
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR 
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RESOURCE WEBSITE. 

RESOURCE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RESOURCE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RESOURCE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

8. Limitation of Liability 

IN NO EVENT SHALL RESOURCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY 

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, 
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, 
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, 
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, 
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR 
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RESOURCE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  

YOU SPECIFICALLY ACKNOWLEDGE THAT RESOURCE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  
AMP'd UP Live! makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 

9. Indemnity 

You agree to defend, indemnify and hold harmless AMP'd UP Live!, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:  

your use of and access to the Website; 
your violation of any term of these Terms of Service; 
your violation of any third party right, including without limitation any copyright, property, or privacy right; or 
any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website. 

10. Ability to Accept Terms of Service 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. 

11. Assignment 

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AMP'd UP Live! without restriction.  

12. Return & Refund Policy 

ALL SALES ARE FINAL AND NO REFUNDS WILL BE ISSUED AND AMP'd UP Live! IS UNABLE TO OFFER EXCHANGES. 

13. Generals 

You agree that: These Terms of Service, any artist representation agreements and any other legal notices published by AMP'd UP Live! on the Website, shall constitute the entire agreement between you and AMP'd UP Live! concerning the Website. If any provision of this agreement is in conflict with a provision in a signed artist representation agreement, the artist representation agreement provision shall prevail. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and AMP'd UP Live!'s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. AMP'd UP Live! reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND RESOURCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RESOURCE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 Last Updated August 3, 2018

 

 

 

 

Privacy Policy 

 

 

AMP'd UP Live!, and its affiliated website www.ampduplive.com ("our", "us" or "we") has created this privacy policy statement in order to demonstrate our commitment to your privacy. This privacy policy explaining our data collection and use practices applies to this website (the "Website"), any newsletters subscribed to via this Website, information collected and provided to us when you subscribe to or purchase any of our affiliated applications at third-party websites and applications (collectively, the "Apps"), and information collected offline when you subscribe to the print edition of Urbanlinx Magazine, but does not apply to any other products or services or to information collected in any other way (whether offline or online) by us and our respective general partners and affiliates (collectively "AMP'd UP Live!"), unless expressly indicated by AMP'd UP Live! (such as by including a link to this Privacy Policy on other AMP'd UP Live! websites or on AMP'd UP Live! mobile applications). By using or accessing the Website or any Apps, you signify your assent to our privacy policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE WEBSITE OR THE APPS. 

Personal and Non-Personal Information: When using the Website on third-party websites and applications when subscribing to or purchasing an issue of the digital edition of AMP'd UP Live! Magazine, or offline in connection with your AMP'd UP Live! Magazine print edition subscription, which may include your name, address, e-mail address, credit card number, billing information, etc., you may be asked to provide, or you may choose to provide us with or upload, certain personally identifiable information about yourself ("Personal Information"), including but not limited to, your name, email address, physical address and telephone number. 

Information Usage: Unless disclosed otherwise at the time of collection, we do not share any Personal Information you submit through our Website or the Apps with any unaffiliated third party, unless it is necessary to respond to your inquiry, or to comply with applicable law. 

We may use Aggregate Information to improve and enhance the Website or the Apps, analyze trends, administer the Website or the Apps and for our market research activities. For example, we may share Aggregate Information with unaffiliated third parties, such as business partners, manufacturers, distributors and retailers, in an aggregate, anonymous form, which means that the shared information will not contain nor be linked to any Personal Information. We will never sell your Personal Information to any third party not affiliated with us without your consent except in connection with the sale or merger of our company or the division responsible for such services. 

Please note that we reserve the right to access and/or disclose Personal Information and non-personal information we gather as required by courts or administrative agencies and to the extent required to permit us to investigate suspected fraud, harassment or other violations of any law, rule or regulation, the Website's or the Apps' rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper. 

Cookies: "Cookies" are pieces of information that may be placed on your computer by a Website for the purpose of facilitating and enhancing your communication and interaction with that Website. Many Websites use cookies for these purposes. We may use cookies to customize your visit to the Website and for other purposes to make your visit more convenient or to enable us to enhance our service. You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Website, but it may interfere with some of its functionality. We do not use cookies to retrieve Personal Information from your computer for purposes that are unrelated to the Website or your interaction with the Website. 

Advertisements: AMP'd UP Live!, its designated service providers, or third-party advertisers or their advertising servers may also place or recognize unique cookies on your computer or use other electronic tools in order to help display advertisements that you see on this Website or on other websites. Information about your visits to, and activity on, this Website and other websites, an IP address, the number of times you have viewed an advertisement, and other such usage information is used, alone or in combination with other information, to display on your device screen advertisements that may be of particular interest to you. We may use Web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising and product performance. Web beacons enable us to recognize a browser's cookie when a browser visits this Website, and to learn which banner ads bring users to this Website. The use and collection of your information by these third-party service providers, and third-party advertisers and their advertising servers is not covered by this Privacy Policy. If you would like to prevent an advertising network from setting or using cookies on your computer or mobile device, please visit the following site http://www.aboutads.info/choices/ 

Anonymous Data from Google Analytics: To help us make sure we continue to provide content that is valuable and relevant to our website visitors we have implemented the Google analytics demographics and interest reporting features on AMPdUPLive.com. These tools will allow us to review anonymous data regarding the gender, age and interests of website visitors so as to customize our content based on the profiles of our visitors. While this information will provide us with demographic information it is not provided to us in a personally-identifiable format. 
You can opt-out of this type of data collection using the Google Analytics opt-out browser add-on.https://tools.google.com/dlpage/gaoptout/ 

Clickstream: As you use the Internet, a trail of electronic information is left at each Website you visit. This information, which is sometimes referred to as "clickstream data" can be collected and stored by a Website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the Website from which you linked to the Website. We may collect and use clickstream data as a form of Aggregate Information to anonymously determine how much time visitors spend on each page of our Website, how visitors navigate throughout the Website and how we may tailor our web pages to better meet the needs of visitors. This information may be used to improve our Website and our services. Any collection or use of clickstream data will be anonymous and aggregate, and will not intentionally contain any Personal Information. 

Security: The security of your Personal Information is very important to us. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us, or information stored on the Website, the Apps or our servers, will be free from unauthorized access by third parties such as hackers and your use of the Website or the Apps demonstrates your assumption of this risk. 

Other websites: Our Website may contain links to other Websites not maintained by us. Other Websites may also reference or link to our Website. We recommend that when you leave our Website you read the privacy statements of each Website that you visit. We are not responsible for the privacy practices or the content of such other Websites. 

You should be aware that Personal Information which you voluntarily include and transmit online may be viewed and used by others. In addition, Personal Information you post to chat rooms, message boards, blogs or other publicly accessible forums may be viewed and used by anyone with access to such forums. We are unable to control such uses of your Personal Information, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties. 

Changes to policy/Opt-Out Process: We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. However, if at any time in the future we plan to use Personal Information in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Website or the Apps following the posting of any changes to this policy means you accept such changes. 

If you receive an unwanted email from us, you can simply reply and ask not to receive future emails. We also give you the option to remove your Personal Information from our list of active users completely. All unsubscribe or opt-out requests should be sent to us at ampduplive[at]gmail[dot]com and we will process your request within a reasonable time after receipt. We are not responsible for removing your Personal Information from the lists of any third party who has been provided your information in accordance with this policy, such as a business partner. 

Communications with us: By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us, provided that, we will not give your email address to another party to promote their products or services directly to you. 

California Residents: If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by AMP'd UP Live! to its affiliates and/or third parties for their direct marketing purposes. To make such a request, please send an email with your first name, last name, mailing address, email address and telephone number to ampduplive[at]gmail[dot]com. Please include "California Privacy Rights" in the Subject line of your email.  

Contact: If you have any questions about this policy please contact: 
Ampduplive[at]gmail[dot]com. 

This privacy policy is effective and was last updated on August 3, 2018.