Amplifier Community Site
Scope of this Agreement. This Agreement applies to any artwork, images, graphics, digital assets, or digital images created or taken by Artist and submitted to the Organization’s Website (collectively known as “Submission”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
Artist agrees to the following terms for Artist’s Submission:
License: Artist grants to Organization and its affiliates and partners a non-exclusive, irrevocable, non-transferable, except as explicitly set out herein, worldwide license to use, promote, publicly display, reproduce, and distribute, and otherwise use Artist’s Submission in connection with the Organization’s Website.
Artist Rights: All Submissions and rights relating to them, including copyright and ownership rights in the media in which the Submissions are stored, remain the sole and exclusive property of the Artist. No other use of the Submission is granted without Artist’s express written consent.
Relationship of the Parties: The parties agree that neither Artist nor Artist’s employees or contract personnel are, or shall be deemed to be, employees or independent contractors of Organization. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Submission shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Organization are contractual in nature and are expressly defined by this Agreement.
Representations and Warranties: Artist represents and warrants to the Organization that:
Artist is the owner and author of the Submission and has the right to grant the License.
The Submission is Artist’s original creation and does not include any material created by any third parties; that neither the Submission, nor the Organization’s use thereof, will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, or the violation of any contract to which Artist is a party.
Artist has all the necessary rights, consents, and authorizations required to license the Submission according to these Terms.
The content of the Submission is not abusive, obscene, pornographic, threatening, harassing, defamatory, unlawful, hateful, racially or ethnically offensive or otherwise objectionable in relation to the subject matter covered by the Submission or the purpose for which it is being submitted. The Organization may immediately reject the Submission if, in the Organization’s sole discretion, the Organization believes the Submission to be in violation of this representation.
That Artist is over the age of 13, or has the approval of a parent or legal guardian to submit the Submission according to these Terms. Please note that content on our Website covers a wide range of art and subject matter and may include visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any content that you think is or may be inappropriate for them.
Additional Rights We Retain: If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
Indemnification: Artist acknowledges that the Organization is not responsible for, and has no liability for, any use of all or any part of the Submission. Artist agrees to hold harmless and release the Organization, along with its respective officers, directors, employees, agents, assigns, licensees and successors, from any and all claims, demands, or causes of action (collectively “claims”) that Artist, or any other persons acting on Artist’s behalf, whether now or in the future, relating to the use of the Submission, including without limitation, any claims of defamation, invasion of privacy, rights of publicity or copyright, or any other right Artist may have.
Termination: Organization may refuse to accept or transmit Submission for any reason. Organization may remove Submission from its Website for any reason. Artist may terminate relationship with Organization and withdraw the Submission at anytime by contacting [email protected] Organization will withdraw Submission within 14 days of receiving notice of Artist’s desire to withdraw Submission from the Website.
Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.
Effective May 13, 2019
Collection of Personal Information
Amplifier collects the following types of personal information from you:
Contact Information such as first and last name and email address
Unique Identifiers such as username and password chosen by you
Demographic information such as date of birth (you must at least 13 years old) and zip code.
We may also collect the following information from you:
Location information such as GPS locations, IP address
Use of Personal Information
Amplifier uses the information collected from you to:
Communicate with you
Authenticate your access to our site and your information stored by us
Provide services and improve those services
As is true of most Websites, this Website automatically gathers information about your computer such as your IP address, browser type, referring/exit pages, and operating system. We use this information to:
Administer your account
Collect and display your Submission (any artwork, images, graphics, digital assets, or digital images created or taken by you and submitted to Amplifier)
Communicate with you
Send you a newsletter
Respond to your questions and concerns
Improve our Website and marketing efforts
Conduct research and analysis
Limitations on Use: Choice/Opt-In
Your data will never be used for a purpose that is incompatible with the original purpose for which it was collected UNLESS you specifically Opt-In to such use through a clear and distinctive affirmation process fully explained to you by us through an electronic process (i.e. dialog box, prompt, or the like).
Limitations on Use: Choice/Opt-Out
Your data may be used for a new purpose different from, but related to, the original purpose (i.e. materially different). Such use will only occur if you do not object. We will always notify you of such use and provide an Opt-Out option for such use.
Limitations on Use: Information Sharing
We may use and disclose your Personal Information as follows:
To promote the use of our Services. For example, if you leave your Personal Information when you visit our Website and don’t sign up for any of the Services, we may send you an email asking if you want to sign up. And if you use any of our Services and we think you might benefit from using another Service, we may send you an email about it. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email we send.
To send you informational and promotional content that you may choose (or ‘opt in’) to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
To communicate with you about your account and provide customer support.
To protect the rights and safety of our Members and third parties, as well as our own.
To meet legal requirements such as complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.
To provide information to representatives and advisors, such as attorneys and accountants, to help us comply with legal, accounting, or security requirements.
To prosecute and defend a court, arbitration, or similar legal proceeding.
To provide, support, and improve the Services we offer. This includes aggregating information from your use of the Services and sharing such Aggregated Information with third parties.
We may also share your information if we, in good faith, believe disclosure is appropriate or required to comply with existing law, a court order, or a subpoena. We may also share your personal information with law enforcement or another third party to prevent or investigate a possible crime; to protect the security of this Website; to enforce our policies and agreements; or to protect our own rights or property or the rights, property or safety of others.
We may retain your personal information as needed to maintain this Site and provide you with any services; to comply with any legal obligations, meet any regulatory requirements, resolve any disputes or litigation, or as otherwise needed to enforce this Policy; and to prevent fraud and abuse. If requested by law enforcement, we may also retain your personal information for a period of time.
Cookies and Other Tracking Technologies
We use another company to place cookies on your computer to collect non-personally identifiable information to compile aggregated statistics for us about visitors to our site.
Links to Other Websites
Our Site includes links to other Web sites whose privacy practices may differ from ours. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.
Reviewing Your Information
You may contact us for assistance in order to review, update, or correct any personal information provided. We will respond to you within a reasonable time and provide assistance to the extent possible or as required by law.
Safeguarding Your Information
We maintain reasonable administrative, physical and technical measures to protect the confidentiality and security of your personal information. Unfortunately, no website is completely secure. Therefore, we cannot guarantee that your personal information will not be disclosed, misused or lost by accident or by the unauthorized acts of others and we expressly disclaim all liability arising therefrom.
Children’s Online Privacy
This Site is not intended for children or minors under the age of eighteen years without the permission of a parent or guardian. If you are a parent or guardian and believe your child has submitted personal information through this Site without your consent, please contact us as provided below.
Your California Privacy Rights
California residents who have an established business relationship with us may request and obtain information, free of charge and on an annual basis, about personal information that we shared with other businesses for their own direct marketing use within the prior calendar year. If applicable, this information would include a list of the categories of personal information shared with third parties and the names and addresses of all third parties with which we shared this information in the immediately preceding calendar year. To obtain this information, please contact us at the number or address below and let us know you have a “California Shine the Light Privacy Request.” We will then respond to you with the requested information.
If you are a California resident and over the age of 18, you may request that we remove content or information that you have posted to our website by contacting us using the contact information below.
Right to Access, Rectification, and Erasure
You have the right to request copies of your personal data by contacting us at the email or address below. You have the right to request that we correct any information you believe is inaccurate about your data. You also have the right to request that we complete any information you believe is incomplete. You have the right to request that we erase your personal data, under certain conditions.
Notification of Privacy Statement Changes
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we may notify you by email (sent to the email address specified in your account) or by means of a notice on this Site or your Account prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.