Terms of Use

This work is licensed under a Peer Production License, which permits reuse exclusively for non-commercial and worker-owned enterprises.

Section 1. Welcome and Cooperative’s Objectives

Welcome to the Ampled Terms of Use! In this document, we do our best to avoid too much legal language and make this as understandable as possible. We believe that terms of use should be fair, transparent, and easy to understand. We’ve included simple explanations like this in the document and also some cartoons. The explanations in quotes and cartoons are not part of the official legal terms.

Section 2. Acceptance of Terms of Use

The following terms and conditions govern your use of this website (the “Site”) and services (together with the Site, the “Services”) offered by Ampled, LLC. (“Ampled,” “we,” or “us”). You are agreeing to these legally binding terms and conditions (the “Terms of Use”) by signing up or otherwise using the Services, or accessing any content or material that is made available by Ampled through the Service. You are also agreeing to our Privacy Policy, Cookie Policy, and Community Guidelines.

Section 3. Changes to Terms of Use

Ampled may, from time to time, make changes to the Terms of Use in consultation with the Worker-Owners and Artist-Owners of Ampled. All changes that are made to the Terms of Use are effective immediately. Once a change is made, we will provide you with a prominent notice as appropriate under the circumstances. We may display a prominent notice on the Services or by sending you an email, or both. Your continued use of the Services after the changes have been made will constitute your continued acceptance of these terms and the changes. We encourage you to read any changes carefully.

Section 4. The Ampled Platform

Ampled is a platform that allows community users to support their favorite music artists with monthly recurring payments.

Section 4a. How Artist Support Works

You agree to the following by supporting an Artist: You are doing so because you want to support an artist or artist(s), not because you expect something in return.

Artists owe their supporters a high standard of effort, honest communication, and a dedication to setting good faith expectations for supporters. However, Ampled does not guarantee that Artists deliver content or work.

When you support an artist, you will be charged on the monthly anniversary of the date of your initial support. (i.e. If you make a supporting payment on March 1 st then you will be billed again on April 1st.) If you support multiple artists, you will be charged monthly on the date that each artist was initially supported. Payment Processing Fees To process payments, we use Stripe Connect, which charges $0.30 + 2.9% per successful card charge. We take processing payments to Artists seriously - and using Stripe allows us to do this in a secure, safe, and compliant way. This fee is added to the subtotal for supporting an artist and is paid by the supporter. Supporters may view the total amount charged per artist per month by logging in, going to “My Profile” and viewing “Supporting Artists”. Supporters may cancel their support for an artist at any time. Ampled does not offer refunds and Ampled cannot guarantee that Artists’ generate work.

Section 4b. An Artist’s Intellectual Property

Artist Intellectual Property Artists should only post things they have permission or a license to post. Ampled does not own content Artists submit to us (the “Content”). Artists keep ownership of what they post on Ampled. However, Ampled does need certain licenses from artists in order to perform our Services. When Artists create an Artist Page, or post content, they agree to these terms:

Artists are responsible for all of their activity in connection with the Service. For purposes of these Terms of Use, the term “Content” includes, without limitation, any videos, audio clips, written comments, information, data, text, photographs, graphics, provided, or otherwise made accessible by the Artist on or through the Service.

By way of example, and not as a limitation, Artists shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty.

Artists must own, control, or be authorized to distribute everything they upload. That means Artists cannot post covers, unless they have a written license or authorization from the owner of said material to upload the cover to the Service and grant us the rights in the terms below. Artist Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless the Artist has permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Ampled all the license rights outlined here). Any royalties or licensing on Artist Content is the responsibility of the Artist. Artists will pay all royalties and other amounts owed to any person or entity based on the Content, or on Ampled’s hosting of that Content.

Artists warrant that the rights of any third-party are not being violated should Ampled use the Content. If Ampled or its users exploit or make use of your submission in the ways contemplated in this agreement, Artists promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. Artists are responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.

Ampled is not responsible for mistakes in your content. Ampled will not be liable for any errors or omissions in any content.

Ampled can use the content you’ve submitted. For the purposes of marketing, you grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, and commercialize the copyright, publicity, trademark, and database rights with respect to your Content.

When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.

Section 4c. Ampled’s Intellectual Property

You agree to respect all copyright, trademark, patent, and other legal notices, information, and restrictions contained in any content accessed through the Site or Service. You also agree not to change, translate, or otherwise create derivative works of the Service or Site.

Ampled grants the User/Supporter a license to reproduce content from the Services for personal use only. This license covers both our own protected content and Artist-generated content on the Site. This license is worldwide, non-exclusive, non-sublicensable, and non-transferable. If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Ampled or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

Section 4d. Other Websites

Ampled may contain links to other websites. (For instance, artist pages, user profiles, and comments may link to outside sites.) When you access third-party websites, you do so at your own risk. We do not control or endorse those sites. Ampled partners with other companies (such as Stripe) for payment processing. When you support an artist, you are also agreeing to the payment processor’s terms of use and service.

Section 4e. Rights Reserved to Ampled

Ampled reserves these rights: ● To make changes to the Ampled Site and Services without notice or liability. ● To decide eligibility to use Ampled. Ampled can cancel accounts or decline to offer our Services, especially following abuse of account privileges. Ampled may change eligibility criteria at any time. ● To cancel any Artist support, at any time, and for any reason. ● To reject, interrupt, remove, or suspend any Artist page at any time and for any reason. Ampled is not liable for any damages as a result of any of these actions.

Section 5. Account Management

Section 5a. Creating an Account

To create an account you represent that you are 1) the age of majority in your jurisdiction (usually 18), or 2) are over the age of 13 and have the express permission of a legal guardian to obtain an account and to use the Services connected with the account. Do not pretend you are someone else. You are responsible for all the activity on your account. You can browse Ampled without registering for an account. But to create an Artist page or support an Artist page, you will need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Do not impersonate anyone else or choose names that are offensive in any way deemed as such by Ampled. If you do not follow these rules, Ampled may cancel your account.

You are responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has compromised your account without your permission, you should report it to [email protected]

Section 5b. Deleting an Account.

You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site.) You can contact us at [email protected] for additional information or to request an artist page deletion.

Section 6. Code of Conduct for Members and Artists

6a. Code of Conduct for Members

  • Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.

  • Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters.

  • Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.

  • Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Ampled or another party).

  • Don’t abuse other users’ personal information. When you use Ampled, you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in an Ampled project: don’t use it for other purposes, and don’t abuse it.

  • Don’t try to interfere with the proper workings of the Services.

  • Don’t bypass any measures we’ve put in place to secure the Services.

  • Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Ampled or another party.

  • Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. We reserve the right to determine what is reasonable.

  • Don’t use any kind of software or device, whether it is manual or automated, to “crawl” or “spider” any part of the Site.

  • Don’t take apart or reverse engineer any aspect of Ampled in an effort to access things like source code, underlying ideas, or algorithms.

6b. Code of Conduct for Artists

Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone. Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent. Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of Ampled’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.

Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Ampled or another party).

Don’t try to interfere with the proper workings of the Services. Don’t bypass any measures we’ve put in place to secure the Services. Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Ampled or another party. Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third- party providers. We reserve the right to determine what is reasonable.

Don’t use any kind of software or device, whether it is manual or automated, to “crawl” or “spider” any part of the Site. Don’t take apart or reverse engineer any aspect of Ampled in an effort to access things like source code, underlying ideas, or algorithms.

Section 7. The Legal Stuff

Warranty Disclaimer YOU UNDERSTAND AND AGREE THAT THE AMPLED SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. AMPLED SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. AMPLED DOES NOT WARRANT THAT THE SITE OR SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, AMPLED MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), ARTIST CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM AMPLED SHALL CREATE ANY WARRANTY.THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Indemnification If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Ampled. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

Limitation of Liability To the fullest extent permitted by law, in no event will Ampled, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages

(i) resulting from your access to, use of, or inability to access or use the Services;

(ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or

(iii) for any conduct of content of any third party on the Site. In no event shall Ampled’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

Copyright Issues The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Ampled complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.) If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:

Ampled ℅ NEW INC Attn: Copyright 231 Bowery Fl. 2 New York, NY 11237 [email protected]

Dispute Resolution and Governing Law We at Ampled encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Ampled and its Services are deemed a passive website that does not give rise to jurisdiction over Ampled or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Ampled, shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action.

The Rest

These Terms and the other material referenced in them are the entire agreement between you and Ampled with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Ampled with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Ampled to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights. These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Ampled’s prior written consent. Ampled has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Ampled will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.