TERMS OF SERVICE
By using our Service, you (“User”) acknowledge Amplifi Entertainment Ltd. (“Amplifi”, ”Amplifi Ent”, “we”, “us”) are providing a platform for you to promote music tracks, interact with music hosts, including DJs and other Users, join public playlists and chat rooms where your profile content may be publicly accessible. Amplifi reserves the right to limit or cease to provide you access at any time without prior or further notice. We may change, suspend or discontinue any aspect of Amplifi at any time including the availability of any feature, database and or content. We may also impose limits on certain features and services or restrict your access to parts or all of the services without liability.
Legal and Acceptable Use
You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Amplifi, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonation.
Harm to Amplifi or Our Users
You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time
License of Software
Subject to the terms and conditions of this Agreement, Licensor (Amplifi Entertainment Ltd.) grants to you a limited, revocable, non-exclusive and non-transferable license to (i) use the software programs, in object code form only, included within this app (the 'Software') and (ii) use any documentation which Licensor provides or makes available regarding the Software, solely for your own use. The foregoing license shall be limited to the extent of any obligations imposed on Licensor (or required to be imposed by Licensor on its licensees) by its third party vendors, distributors or intermediaries. Except as otherwise expressly stated in this Agreement, nothing in this Section shall be construed to grant you any license, by implication, estoppel, or otherwise, to any IP Rights(as defined below) of Licensor.
Ownership of Intellectual Property
You acknowledge that the Software is protected by intellectual property rights, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights as well as all subsequent modifications, updates and enhancements thereto (IP Rights) that are owned by Licensor. Your rights are solely set forth and do not include any rights of ownership in the Software. You will not, nor permit any third party to, (i) copy or transfer the Software, (ii) modify, decompile, reverse engineer, disassemble the Software, or otherwise determine or attempt to determine the source code (or the underlying ideas, algorithms, structure or organization) of any object code contained in the Software, (iii) create, set-up or design any hardware, software or product with the intent, or resulting effect, of circumventing the intended limitations, uses and configurations of the Software, (iv) prepare any works based on, or derived from, the Software, (v) remove, alter or use Licensor's trademarks or other intellectual property rights notices included in the Software. Licensor retains all right, title and interest in and to the Software including, but not limited to, all rights under patent headerlaw, copyright law, moral rights law, trade secret law, trademark law, unfair competition law or other similar law, subject to the limited license granted hereby. All rights not expressly granted in this Section are reserved by Licensor. Any IP Rights included within or displayed during the use of the Software may be owned by third parties unaffiliated with Licensor, and Licensor disclaims any representations or warranties with respect to such IP Rights or responsibility with respect to your use of such IP Rights. In addition, Licensor shall not be responsible whatsoever for any third party including DJs, Entertainers, Hosts and other Users that accept information transmitted by you via the Software. You understand and acknowledge that Amplifi, playlist owners and Hosts may attempt to play your song requests sent via the Software, but fulfilment of such requests is subject to availability and other factors determined by the Amplifi and the Host in its sole discretion. In no event will Licensor be liable (including by way of any refund or similar claim) for any such decision by the Amplifi or the playlist Host.
Maintenance and Support
Licensor has no obligation to support, maintain, correct any errors in or deliver any updates or upgrades to the software and/or documentation. Disclaimer of Warranties. THE SOFTWARE, DOCUMENTATION, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON ARE PROVIDED BY LICENSOR 'AS IS'. LICENSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE SOFTWARE, DOCUMENTATION, THE DESIGN OR CONDITION OF THE PROGRAMMING, OR ANY OUTPUT BASED ON USE OF THE SOFTWARE. NO WARRANTY IS MADE REGARDING THE RESULTS OF THE SOFTWARE, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, OR THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. LICENSOR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, TITLE, AVAILABILITY, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT WILL LICENSOR OR ANY LICENSOR REPRESENTATIVE, OFFICER, DIRECTOR, MANAGER, MEMBER OR EMPLOYEE BE LIABLE FOR LOSS OR CORRUPTION OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTIONS OR FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE STRICT LIABILITY OR OTHERWISE, WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT REMEDIES AT LAW MAY BE INADEQUATE TO PROVIDE LICENSOR WITH FULL COMPENSATION IN THE EVENT OF YOUR MATERIAL BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND SUCH BREACH WILL CAUSE IMMEDIATE AND IRREPARABLE HARM TO LICENSOR, AND THAT LICENSOR WILL THEREFORE BE ENTITLED TO OBTAIN INJUNCTIVE RELIEF IN THE EVENT OF ANY SUCH MATERIAL BREACH OR THREATENED MATERIAL BREACH. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS LIMITING THE LICENSOR'S RIGHT TO ANY OTHER REMEDIES AT LAW, INCLUDING WITHOUT LIMITATION THE RECOVERY OF DAMAGES FOR BREACH OF THIS AGREEMENT.
You acknowledge and agree that the Software and technical data received from Licensor may be subject to export or import controls, and agrees to comply with any and all applicable laws, regulations, rulings and executive orders on exportation and importation.
You agree to defend, indemnify and hold harmless Licensor, its affiliates, its providers and suppliers and their respective officers, directors, employees and agents, from and against claims, liabilities, damages and expenses, including reasonable attorneys' and other professionals' fees, arising out of or relating to (i) your possession or use of the Software, (ii) your breach of this Agreement, or (iii) personal injury or property damage caused by the negligence or willful misconduct of you or your employees or agents. This indemnity shall survive the termination of this Agreement. You agree to provide the foregoing indemnification as a material condition and inducement for Licensor to grant the licenses herein.
You may not assign this Agreement, nor any license or other rights granted under this Agreement, without the prior written consent of Licensor.
This Agreement constitutes the entire Agreement and supersedes all other Agreements, oral or written, between the parties pertaining to the subject matter hereof and thereof.
Term and Termination
This Agreement shall continue until any material breach by you of the terms and conditions of this Agreement. Upon any termination of this Agreement, you will (i) cease all use of the Software; and (ii) uninstall all copies of the Software on any device on which it was installed.
Our services are not intended for anyone under 13.