AMPED SOUNDS

Welcome to Amped Sounds, a web site and service (the “Service”), which is operated by AMPED SOUNDS, a division of Mic Specialist Music (“AMPED SOUNDS”).  By using the Service you are agreeing to be bound by these Terms of Use.


Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service.  These Terms of Use are subject to change by AMPED SOUNDS at any time, effective when posted on the Service.  Your continued use after such notice will constitute acceptance by you of such changes.

Use of the Service.  You may use this Service solely for personal and non-commercial purposes only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.

Registration.  You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account.  Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.  All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity.  You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

Acceptable Use Policy.  The Service may provide you with an opportunity to interact with others and share your thoughts, information and materials.  AMPED SOUNDS expects all of its users to be respectful of other people.  If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to AMPED SOUNDS at abuse@micspecialistmusic.com.

You are solely responsible for the content, information and other materials that you post on the Service or transmit to other users (“Content”) and agree that you will not hold AMPED SOUNDS responsible or liable for any Content from other users that you access on the Service.

Categories of prohibited Content below are merely examples and are not intended to be exhaustive.  AMPED SOUNDS will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you are that you will not post or transmit to other users anything that contains Content that:

*is defamatory, abusive, obscene, pornographic, profane or offensive;
 

* infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);


* violates any party’s right of publicity or right of privacy;


* is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
 
* is inaccurate, false or misleading in any way;

* is illegal or promotes any illegal activities;

* promotes illegal or unauthorized coping of another person's copyrighted work or links to them or providing information to circumvent security measures;
     
* contains “masked” profanity (i.e., F*@&#)
     
*contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
     
* contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
     
* You may not include in your member profile or Content any telephone numbers, street addresses, last names, email addresses, employment information, or any other non-public information of any third party.

AMPED SOUNDS is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Acceptable Use Policy.  AMPED SOUNDS will make all determinations as to what Content is appropriate in its sole discretion.  We may include, edit or remove any Content at any time without notice.


You understand that when using the Service, you will be exposed to Content from a variety of sources, and that AMPED SOUNDS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable.  If you do so object, you should not use the Service.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service.  Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use.  You may not resell use of, or access to, the Service to any third party.


Termination of Access.  In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.


Your License to AMPED SOUNDS.  You hereby grant AMPED SOUNDS a perpetual license to use, redact, republish, copy, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you.


Contests.  From time to time, we may run certain contests or sweepstakes.  Each such contest or sweepstakes will have its own rules and conditions, which shall be in addition to the terms in these Terms of Use.  Participation in any such contest or sweepstakes requires your acceptance of such rules and conditions.


Privacy:  The privacy of your personally identifiable information is very important to us.  For more information on what information we collect and how we use such information, please read our Privacy Policy.


Links.  This Service may contain links to other web sites not maintained by us. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit.  We are not responsible for the practices or the content of such other web sites or services.  Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.


Our Proprietary Rights.  AMPED SOUNDS or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service.  Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  All rights not granted under these Terms of Use are reserved by AMPED SOUNDS.


No Warranties.  THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Service during the prior twelve (12) months or (ii) ten dollars ($10).


Indemnity.  You agree to defend, indemnify and hold harmless AMPED SOUNDS, its officers, directors, employees, business partners 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: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by AMPED SOUNDS) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.


Governing Law.  The laws of the State of Pennsylvania shall govern these Terms of Use.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN PHILADELPHIA, PENNSYLVANIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.


Any claims asserted by you in connection with the Service must be asserted in writing to AMPED SOUNDS within one (1) year of the date such claim first arose, or such claim is forever waived by you.  Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.


Digital Millennium Copyright Act ("DMCA") Notice.  Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.


If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:


    (i)                   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    (ii)                   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;
    (iii)                   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 us to locate the material;
    (iv)                   Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    (v)                   A statement that the complaining party has 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
    (vi)                   A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:


AMPED SOUNDS
Attn:  Rob Ford
P.O. Box 2494
Middletown, RI 02842


Email: info@micpsecialistmusic.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability.  If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies.  The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.  Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information.  Should you have any questions you may contact us at info@micspecialistmusic.com.

AMPED SOUNDS, a division of Mic Specialist Music ("AMPED SOUNDS") believes that you should control the dissemination of the personally identifiable information that you provide when using the AMPED SOUNDS web site ("the Site"). Please review this policy carefully to understand how we will treat the personally identifiable information that you give to us and other information in connection with the Site. This policy applies only to the Site.
Your use of this Site in any fashion constitutes your agreement to the terms of this Privacy Policy and our

Terms of Use. Please review this page periodically. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. Your continued use of the Site constitutes your agreement to any such changes.

What personally identifiable information is collected on this Site?
You do not have to provide any personally identifiable information to use the Site. However, when you use the Site to obtain our products and services, to enter contests, to post messages on the Site, or for other reasons, you may choose to provide AMPED SOUNDS with certain personally identifiable information as indicated in each such area of the Site, such as your name, physical address, email address, zip code, phone number, and gender. AMPED SOUNDS will make an effort to include a link to the Privacy Policy whenever we ask you for personally identifiable information.

How is my personally identifiable information used by AMPED SOUNDS?
We use the personally identifiable information to provide you with the services you have requested and as otherwise described in this Privacy Policy. We may use the personally identifiable information to send you advertising from selected AMPED SOUNDS partners and advertisers (unless you have opted out of receiving these types of communications).

We may also aggregate the information we collect to develop certain summary reports for our partners and/or advertisers. We provide this information to assist our partners and/or advertisers in determining how to promote their products and services. In so doing, we do not reveal personally identifiable information.

Who has access to my personally identifiable information?
AMPED SOUNDS makes reasonable efforts to ensure that your information is treated securely and in accordance with this Privacy Policy. Except as otherwise described in this Privacy Policy, we do not share your personally identifiable information with any third parties other than our contractors who assist us in providing our services. Unfortunately, no data transmission over the Internet can be guaranteed secure. While we takes steps to protect your personally identifiable information, we cannot guarantee the security of any information you transmit to us or from the Site, and you use the Site at your own risk.

What personally identifiable information is disclosed to third parties?
AMPED SOUNDS may share the following personally identifiable information with its advertisers, sponsors, and partners in the following circumstances:
Information you provide when entering into a contest, sweepstakes or promotion sponsored by the Site and/or one of our advertisers/partners/sponsors.
Information you provide when you register to receive goods or services from AMPED SOUNDS or from one of our advertisers/partners/sponsors.
Unless you have opted out of receiving special offers or emails from selected third parties, we may provide a report to an advertiser or partner which tells them who responded to a particular offer. For example, we might send you an email which offers you a discount on a particular product. If you click on that e-mail or accept an offer or discount contained therein, we may provide the advertiser with the personally identifiable information necessary to provide you with that discount.

AMPED SOUNDS may disclose your personally identifiable information if we believe in good faith that we are required to do so in order to comply with applicable law, a subpoena, or other legal process. AMPED SOUNDS may also disclose information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Use, or to protect the safety of our users or the public. AMPED SOUNDS may transfer your personally identifiable information in connection with the sale or merger, in whole or in part, of AMPED SOUNDS, its assets or the division responsible for the services being provided to you.
You should be aware that personally identifiable information which you voluntarily include and transmit online in a posting may be viewed and used by others. We are unable to control such uses of your personally identifiable information, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties.

How do I opt out of the collection, disclosure and distribution of personally identifiable information?
You can always choose whether or not to disclose personally identifiable information and that choice will not prevent you from using the Site. Please note, however, that you must provide some personally identifiable information in order to use certain services on the Site. In addition, you can always choose to opt-out of certain uses of your personally identifiable information at any time.

If you do not want your personally identifiable information shared with third parties for their marketing purposes, then please email us at info@micspecialistmusic.com.

If you do not want us to use your personally identifiable information for our own marketing purpose in connection with the Site, then please email us at info@micspecialistmusic.com.

However, we are not responsible for removing your personally identifiable information from the lists of any third party who has previously been provided your information in accordance with this policy.

What happens when I go to linked sites?
When you are on our Site, you may be directed to other sites that are beyond our control. For example, if you "click" on a sponsor’s logo, the "click" may take you off the Site. These other sites may independently collect data, solicit personally identifiable information, or send their own cookies to you. You should review the privacy practices of every web site you visit.

What is AMPED SOUNDS's policy regarding children's privacy?
This Site is neither directed to nor intended for children under 13. AMPED SOUNDS will not knowingly collect and use personally identifiable information from children under age 13 without receiving verifiable consent from such individual’s parent or guardian. When we become aware that personally identifiable information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such personally identifiable information from our database. For more information on protecting your privacy, please visit http://www.ftc.gov/privacy" www.ftc.gov/privacy.

How are cookies used by AMPED SOUNDS?
AMPED SOUNDS assigns a random number to each user for anonymously tracking traffic patterns. This random number is kept in a file on your computer called a "cookie." Cookies allow AMPED SOUNDS to keep track of how often users are visiting specific areas of our Site - or simply how many times a user visits our Site each month. Third parties, such as our advertisers, may use cookies of their own in connection with this Site.

AMPED SOUNDS does not require users to accept cookies in order to enjoy the Site. You can set your browser to reject cookies, or to notify you when AMPED SOUNDS or any other company sends you a cookie. If you have questions about how to change your browser's "cookie" settings, you should contact the software manufacturer. You should be aware, however, that many areas of AMPED SOUNDS will be significantly slower, or may not function at all, if cookies are disabled.

Anonymous and non- personally identifiable information collected via cookies and through other methods on this Site may be used by AMPED SOUNDS for any purpose and shared with any number of third parties, as long as such information does not include any personally identifiable information.

United States of America
Our Site is maintained in the United States of America. By using the Site, you authorize the export of personally identifiable information to the USA and its storage and use as specified in this policy.

Our Terms of Use
Use of this Site is governed by, and subject to, the Terms of Use. Your use, or access, of the Site constitutes your agreement to be bound by these provisions.

Who can I contact with questions regarding this policy or my personally identifiable information?
Questions regarding this statement or the privacy policies or procedures of this Site should be directed to info@micspecialistmusic.com.

Effective Date
This Privacy Policy is effective and was last updated on February 28, 2009.