Terms of Use

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How to enter:

It's simple! After you have joined Ampslam for free and uploaded your tunes, simply e-mail the Ampslam contest judges at contest@ampslam.com with your member and artist name and the name of the song that you uploaded that you want considered for the monthly contest. Winners will be notified by e-mail and featured on the Ampslam home page! See Contest Rules below for more information. ORIGINAL SONGS ONLY!

Official contest rules

  1. Enter only one song per monthly song contest. You must be an Amplsam Member to enter.
  2. Entered songs cannot be cover versions and cannot sample another artist’s work.
  3. All songs must be original. Ampslam takes NO financial or ownership interest in ANY song.
  4. Prizes will be delivered via PayPal.
  5. Contestants must be at least 13 years of age. Entrants retain all publishing rights to their song(s).
  6. Additions or deletions to these rules may be made at the discretion of Ampslam LLC, and may be enacted at any time.
  7. The selection of contest winners by Ampslam, and its judges is final. Arrangements for receiving all prizes, unless otherwise specified, must be made within thirty days of announcing the winners. It is the responsibility of the winners to claim prizes within the thirty days provided. All unclaimed prizes will be forfeited, and Ampslam may award any unclaimed prize at the end of the thirty-day grace period to a contest runner-up. All prizes are nontransferable and void where prohibited by law. No cash substitution of prizes is allowed.
Membership Agreement /Ampslam Terms of Use
1. Introduction

Ampslam, LLC (Ampslam) provides artists, musicians, bands, music industry professionals (“Members”) the website located at www.Ampslam.com as a free music hosting platform (“website, or site”) to upload their original music, create a personal profile, post upcoming gigs, and a place for listeners (“Members”) to download or stream free and legal song files for personal enjoyment. Members can post upcoming gigs, create personal playlists, blog on Ampslam’s blog, read trivia, engage in social networking, and elect to include their original songs in our monthly no-obligation song contest. All memberships are free. All Members retain full rights to their uploaded songs. Ampslam takes no ownership rights in Members’ music. All Members can download music for their personal use only, including building playlists. All uploaded music is protected by U.S. Copyright law as outlined in Title 17 of the United States Code Annotated.

Additional rights to Ampslam Members’ music by other Members or third parties, beyond personal enjoyment, can only be authorized by the individual rights holder, i.e., the Member who owns the rights. The use of masculine gender in this document and in “he” includes the feminine and neuter.


2. Acceptance of Terms of Use
Each time a Member accesses this website, Member agrees without qualification to be bound by all the Terms of Use of this Membership Agreement. By clicking the “I agree” button, Member agrees, without limitation, to be bound by, and to comply with, these Terms of Use. These Terms of Use have been drafted to help protect the rights of individual Members. Ampslam reserves the right to modify the Membership Agreement/Terms of Use at any time, and each new modification is effective upon posting. When registering, Member agrees to our Terms of Use which may be modified by Ampslam periodically.

3. Submission of Content on Ampslam

Members are encouraged to express their artistic gifts by submitting/uploading songs (“Content”) in audio file format (MP3, AAC, MP4, FLV, OGG) to Ampslam after Member has activated his “Membership”. All Members grant to Ampslam, to the extent required to enable Ampslam to maintain the website including the display of banner advertisements, a limited, non-exclusive, worldwide, revocable, royalty-free, fully paid up, permission and license to use, copy, display, distribute, transmit, reproduce, promote, publicly display, digitally perform, and allow for stream and/or downloading, all uploaded Content in whole or part. This license includes without limitation any and all professional names, photos, trademarks, logos and biographical information of artists, performers or bands. This license shall terminate at such time as Member or Ampslam removes Content from Ampslam website.

This license does not grant Ampslam the right to sell Members’ Content unless expressly specified by Member.

Each Member hereby acknowledges and agrees that Member himself, and not Ampslam, is fully responsible for all Content that Member uploads and posts or otherwise makes available through Ampslam’s website.

Ampslam does not claim any ownership rights in any Content or other material which Member uploads, posts or stores. All the song Content hosted at www.ampslam.com remains the property of the respective Member that uploaded it, and the copyright to all such Content shall remain with its original owner (Member), subject to the limited license granted to Ampslam cited herein. Members may download and stream Content on Ampslam for personal use only, including building a playlist to share with friends. The individual rights holder (Member) must be contacted to authorize any and all additional uses of Content.
 
3.a. Member Selling MP3 song files on Ampslam
 
Members are permitted to sell original music song files ("Content") as digital downloads ("Transaction(s)") for .99 cents each based on United States of America currency ("US") to the ("Public").  This feature ("Selling Feature") is completely optional. The Selling Feature is free. There are no signup costs or listing fees.  Members are required to open a fee PayPal account in order to receive payment from Ampslam after purchases by Public of Members' content. Members should be aware that due to current music industry conditions, Members should allow some of their music to be given away to the Public at no cost in order to increase publicity and branding of individual artist. 
 
All references herein are based on US currency. 
 
Ampslam is entitled to a share of the revenue ("Ampslam Share") that Member generates from each Transaction less a transaction fee paid to PayPay.  Ampslam receives a 15% Ampslam Share on each Transaction conducted on Ampslam to the Public, equating to approximately .15 cents US per download.  Ampslam must pay a PayPal transaction fee on each Transaction of 5%, plus .05 cents US equating to approximately .10 cents US per Transaction - not 5% and .05 cents US per song. This distinction is of benefit to Member. An example is illustrative:
 
      Public purchases 5 digital song downloads from Member in one Transaction.
      5 x .99 cents  = $4.95 (Gross revenue.
      Ampslam pays PayPal .05 cents plus 5% transaction fee equating to                     approximately .295 cents US.
      Ampslam Share is .70 cents US.
      Member Share paid to Member is $3.95 US equating to a 80% share of                 Transaction.
 
Purchases made by Public with non-US currency may incur some currency conversion fee to Member. All funds will be paid to Members with US currency.
 
Ampslam pays Member Share monthly through Member's PayPal account after Member Share totals $10.00 dollars US.
 
Ampslam may redistribute previously purchased downloads by Public if Ampslam determines download was corrupted, in a incomplete file format or damaged in any way with no Member Share paid again to Member.  Member is solely responsible and liable for any bad debts such as credit card returns on PayPal or fraud. Ampslam retains the right to halt the sale of any Member content if Ampslam determines the content to be objectionable or otherwise prohibited by the terms set forth herein.

4. Representations and Warranties/Member responsibilities

Member represents and warrants to Ampslam that Member’s Content is Member’s original work, contains no sampled materials, and Member has all necessary legal rights, moral rights, licenses, consents and permissions that may be required to grant Ampslam with the license set forth in Paragraph 3, and has secured all third party consents necessary to enter into this agreement. Member represents that Member has full right and power to enter into this agreement; that the Content uploaded by Member will not violate any law, statute or regulation; that the Content will not infringe on any third party’s privacy rights, proprietary rights or any other rights of any person or entity, and Member agrees to pay for any royalties or fees owing any person or entity, by reason of the use of any uploaded Content; and that the Content is not illegal, threatening, harmful, fraudulent, abusive, defamatory, pornographic or objectionable. Member shall not upload Content that is patently offensive, incites racism, bigotry, or harm, advocates harassment, solicits personal information from anyone under 18 or involves the use of “junk mail” or “chain letters”.

In order to use this website, Member must register at www.ampslam.com to create a Membership, must agree to provide truthful information when requested, and be at least the age of thirteen (13) or older.

Member warrants and represents that no performance rights organization or royalty collection agency, e.g., ASCAP, BMI, SESAC, RIAA, GEMA, STERMA, has any rights or attachments to Member’s uploaded content. Member is solely responsible for the Content uploaded onto site. Ampslam is not responsible for the accuracy of Member Content.

Member shall not illegally collect, store or harvest any data or personally identifying information, id numbers, passwords, email address, etc., about other Members by electronic or any other means for the purpose of sending unsolicited email or employing third party promotional sites to promote Member profiles for money. This conduct is prohibited and could lead to the termination of Member’s account.

Member shall not attack the site with automated requests or attempts to data mine the site. Member will not falsely assume the identity of other Members or other rights-holders. At this time, no cover versions, remixes, samples, dubs, molds, or mashes are allowed to be uploaded onto the website. The rumor that copyright law condones the use of 6-second samples of copyright music is a myth and baseless. Members are not allowed to sell their musical Content directly from www.ampslam.com, however Members may indicate in their personal profile that their music is available for sale at a third-party location.


5. Right To Remove Content

Member may delete his profile and delete his Content at any time, with no prior announcement, based solely on the desire of the Member. Ampslam may refuse to upload any Content or may delete or edit any Content from the site at any time, for any or no reason, including, but not limited to Content that violates these Terms of Use. Ampslam assumes no responsibility for monitoring the website for inappropriate Content. Member is solely responsible for the Content uploaded onto site. Ampslam reserves the right, at its sole discretion, to limit the amount of storage space available per Member or to delete Content stored for an excessive period or Content deemed to be too lengthy while the Member’s personal profile account has been inactive. Commercial advertisements, affiliate links, and other forms of unauthorized Content may be removed from Member profiles without notice or explanation. Such action may result in the termination of Membership privileges.

6. Third Party Linked Services

Ampslam my contain links (“Third Party Linked Service”) to third party websites, including, but not limited to Facebook or Tweeter, or other applications, wireless and mobile services, advertisements, or other third parties. If a Member chooses to engage with a Third Party Linked Service, Ampslam is not responsible for and makes no warranties as to the Third Party Linked Service and to the actions taken by a Third Party Linked Service such as, but not limited to, the use of Member Content. Ampslam shall not be liable, or responsible in any manner, for any Member dealing or interaction with third parties.

7. Indemnification/ Attorney Fees/Limitation of Liability

Member agrees to indemnify and hold Ampslam and Ampslam’s officers, employees and agents, harmless from any loss, from any and all damages and costs, due to, or arising out of, or related to, Member’s use of the Ampslam website in violation of this Membership Agreement/Terms of Use, or Member’s breach of the representations and warranties described in this Membership Agreement/ Terms of Use. In the event of a breach of this agreement, all costs and expenses including reasonable attorney fees incurred shall be paid by Member.

MEMBER EXPRESSLY AGREES AND UNDERSTANDS THAT IN NO EVENT SHALL AMPSLAM BE LIABLE TO MEMBER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS DAMAGES ARISING OUT OF THE USE OF AMPSLAM, OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS, EVEN IF AMPSLAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM OR ARISING OUT OF THE USE OR THE INABILITY TO USE THE AMPSLAM WEBSITE. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS MEMBERSHIP AGREEMENT/TERMS OF USE, AMPSLAM’S LIABILITY TO MEMBER FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY MEMBER TO AMPSLAM FOR THE AMPSLAM SERVICES DURING THE TERM OF MEMBERSHIP.

Ampslam assumes no responsibility for any error, omission, deletion, alteration, delay in operation or transmission, communication line failure, or loss of data due to network or system outages, file corruption, or any other reason.

8. Warranty

THE AMPSLAM SERVICE AND WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MEMBER AGREES AND UNDERSTANDS THAT THE USE OF THIS WEBSITE OR CONTENT PROVIDED IS MADE AVAILABLE AND PROVIDED TO MEMBER AT MEMBER’S OWN RISK. AMPSLAM DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM THE DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT ON THE WEBSITE.

9. Governing law

This Membership Agreement/Terms of Use will be governed by the laws of the State of Maryland. Any action or proceeding arising out of, or related to this agreement, must be brought in state or federal court located in Maryland and all Members submit to the exclusive jurisdiction of said courts by registering or using this website.

10. Copyright Infringement/DMCA Notice of Takedown Procedure

Ampslam respects the intellectual property of others, and we ask and require that our Members to do the same. Members may not upload any Content that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any entity or person, living or dead. Ampslam agrees to and abides by the Digital Millennium Copyright Act – Title 17, U.S.C., Section 512c - by responding prudently to notices of alleged infringement. If you believe your work’s intellectual property rights have been violated, please provide a Notice/Notification containing the following detailed information: (a) identification and description of the work or works claimed to be infringed (title, author, any registration or tracking number, URL); (b) reasonably sufficient detail to enable Ampslam to locate and identify the Content, for example an URL or hyperlink; (c) your address, telephone number, and email address so that we may contact you; (d) a statement by you, under penalty of perjury, that you have a good faith belief that the disputed use of the Content is not authorized by the copyright owner, its agent, or law; and (e) a statement by you, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed, along with your physical or electronic signature.

The above information may be submitted to Ampslam by email to: info@ampslam.com. Please direct email to the attention of ‘Ampslam Legal Department’. Please write “DMCA Notice” in subject line.

11. Privacy Policy

A.  Ampslam strives to preserve the privacy of our Members, and will take extraordinary measures to use our Members’ personal information only in the ways that are compatible to the service provided by Ampslam.

B.  When a Member registers for a Membership, Ampslam may request basic information about Member, including Member’s name, address, city, state, zip code, country, email, a Member login name and a Member password. It is common on many corporate websites to log non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from Members and other visitors. Similarly, Ampslam captures this data. This data is used to analyze trends in the industry, to improve Ampslam's site services, to track Members' movements around the website, to administer the site, and to gather demographic information about our Member base as a whole. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to Members.   Member IP addresses are recorded for security and monitoring purposes.

Ampslam will not share, sell, or rent our Members’ information with any other parties; however we may be legally required to disclose Members’ information to local law enforcement authorities pursuant to a legal search warrant or subpoena, to protect the safety of our Members or the public, or as stated in Paragraph 11., sub-paragraph B above.  Ampslam does reserves the right to transfer Member's personal information to any successor of Ampslam that acquires all the rights to that information as a result of the sale of Ampslam and its assets to that buyer/successor.

Whenever a Member accesses the website, we will record information such as Member’s IP address, browser type, audio files accessed and time and date. We use this information to observe traffic on the website, to build statistics about traffic to our site, and to improve the services and functionality of the website. Member may de-activate his Member account at any time.

12. Password and Username

Member is responsible to maintain the confidentiality of his password and username. Member, and only Member, is responsible for all activities that occur under Member’s account. Member shall not share his password with anyone.

13. Reservation of Ampslam Intellectual Property Rights

Ampslam, LLC is the owner of all intellectual property rights on our website, including trademarks, patents, copyrights, including all associated software, algorithms, logos, text, copy, and graphics, but excluding Member Content. The use of our rights and property requires Ampslam’s prior written consent. Ampslam is not providing Member with any license, implied or express, or permission or license by availing our website services to Member. Member shall have no rights to make any commercial use of the Ampslam website without prior written consent.

14. Song Contests

Periodically, Ampslam may conduct monthly song contests for our Members. Participation in these contests is voluntary. Some personal information may be needed to be collected from Members such as name, email, mailing address, state, zip code, etc. This information is used solely for the notification of winners, and is not shared with any third parties. Ampslam reserves the right to limit the amount of any winning cash prize, and to discontinue the contests from time to time.

15. Changes of our Membership Agreement/ Terms of Use and Policy

When any Ampslam policy, Terms of Use and Membership Agreement changes, Members in our database will be notified of the modifications.

16. Severability/Waiver

If any part of the Membership Agreement/Term of Use is found unenforceable, the rest of the Membership Agreement/Terms of Use shall remain in effect and enforceable to the maximum extent of the law. The failure of Ampslam to exercise or enforce any right or provision of this Membership Agreement/Terms of Use shall not constitute a waiver of such right or provision.