Terms of Use

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Fees and Payments

Fees

AmptUp may charge fees (and applicable Taxes) to Musicians and Venues for use of the Platform. Details regarding the fees charges will be included in the terms of the booking contract the parties enter into through the Platform. Except as otherwise provided on the Platform, service fees are non-refundable. AmptUp reserves the right to change the service fees at any time, and will provide Users notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Non-circumvention

For your safety, and the ability of AmptUp to intervene in a dispute, do finalize any conversations started on AmptUp off the platform. In such cases, AmptUp will not be able to assist in any way or secure payment for you, and any future ability to leave reviews based on your experience will be nullified.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Authorization. You represent and warrant that You have the legal authority to enter into agreements on behalf of the Musician or Venue you are representing on the Platform.

User Must Perform Independent Verification. AmptUp does not and cannot verify the identity of Users or the legal authority to represent or enter into agreements on behalf of the Musician or Venue claimed on the Platform. It is Your absolute responsibility to require identification and verification from other Users before entering into any transactions or agreements. You agree that AmptUp is not responsible in any way for issues or claims arising from false identification of Users.

Inactive Accounts. You will be periodically asked to certify that your account information is accurate. After one year of no activity, updates, or confirmation, the account will be archived. After a second year of inactivity the account will be deleted, removing all information, booking history, communications, etc., associated with the account from the system. Deleted accounts are unrecoverable. One month before deletion, notification will be sent to the email address listed on account.

Venue User Terms

Searching for and booking music on AmptUp

Searching. You can search for Music by using criteria like the genre of music, on tour or local, performance dates, and number of Venues. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, response time and cancellation history, popularity, location, previous hires, saved Listings, Musician requirements (e.g. capacity, genre, etc.), and more.

Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the fixed or variable price (calculated by ticket sales, bar sales, Venue minimums, or Musician Guarantees, and ticket price), applicable fees like AmptUp’s service fee, additional Musician fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that AmptUp may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Musician Services (sometimes called a reservation in these Terms) is formed directly between you and the Musician. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Musician. Be aware that some Musicians work as part of a team to provide their Services. Creating and Managing Your Listing. The AmptUp Platform provides tools that make it easy for you to set up and manage a venue Listing. Your Listing must include complete and accurate information about your facilities, your price, other charges like equipment rentals, cleaning fees, security deposits, and any rules or requirements that apply to Musucuans or guests.. You are responsible for keeping your Listing information (including calendar availability) and content up-to-date and accurate at all times.

Cancellations, Travel Issues, Refunds and Booking Modifications.

Cancellations, Travel Issues, and Refunds. Please view our cancellation policy to determine all refund policies, liability, and definitions of allowable cancellation for both Venues and Musicians. Booking Modifications. Musicians and Venues are responsible for any booking modifications they agree to make via the Platform and agree to pay any additional amounts, fees, or taxes associated with any modification. Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Services. You are responsible for setting your price, approving pricing proposals from and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description. Independent Relationship. Your relationship with AmptUp is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of AmptUp, except that AmptUp Payments acts as a payment collection agent as described in the Payments Terms.

Musician User Terms

Musician. As a Musician, AmptUp offers you the opportunity to share your talents with our passionate community of Venues and Event Musicians – and earn money doing it. It’s easy to create a Listing and you are in control of how you perform – set your price, availability, and rules for each Listing.

Contracting with Venues. When you accept a booking request, or receive a booking confirmation through the Platform, you are entering into a contract directly with the Venue, and are responsible for delivering your Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like (and applicable taxes) for each booking. AmptUp Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Venues must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

Independent Relationship. Your relationship with AmptUp is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of AmptUp, except that AmptUp Payments acts as a payment collection agent as described in the Payments Terms. AmptUp does not direct or control your Musician Service, and you agree that you have complete discretion whether and when to provide Musician Services, and at what price and on what terms to offer them, and that you will provide all the equipment necessary (regardless of what is provided by the Venue) to perform your Musician Service.

Creating and Managing Your Listing. The AmptUp Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Musician Service, your price, deposits and any rules or requirements that apply to your Venues or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Musician Services . You may only maintain one Listing per Musical act, but may list a single performer in multiple Musical acts.

Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Musician Services. For example: Some cities have zoning or other laws that restrict entertainment or noise levels. Some jurisdictions require Musicians to register, get a permit, or obtain a visa before providing certain Musician Services. In some places, the Musician Services you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Musician Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of others members of the site in compliance with applicable privacy laws and these Terms, and our Privacy Policy. If you have questions about how local laws apply you should always seek legal advice.

Search Sorting. The sorting of Musician Listings in search results on the AmptUp Platform depends on a variety of factors, and may include:

  • A Venue’s chosen search parameters (e.g. time and duration of the performance, price range, local vs. touring),
  • Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Musician Service, Musician status, age of the Listing, average popularity),
  • The Musician’s booking experience and reviews (e.g. customer service and cancellation history by the Musician, ease of booking),
  • Musician requirements (e.g. minimum or maximum duration, booking cut-off time),
  • Venue preferences (e.g. previously booked or saved Listings, location from where the Venue is searching).

Search results may appear different on our mobile application than they appear on our website. AmptUp may allow Musicians to promote their Listings in search or elsewhere on the AmptUp Platform by paying an additional fee.

Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Musician Services. You are responsible for setting your price, approving pricing proposals from Venues and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description. Do not nformation, or take other actions outside the AmptUp Platform.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may access and repost Your Content within the Platform to promote an event or User. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Contracts Between Users

The AmptUp Platform provides a convenient marketplace for Musicians and Venues to find and book shows. All agreements between Musicians and Venues are agreements between the parties themselves and not with AmptUp. You understand and agree that AmptUp is not a party to any agreement between You and another User, You release AmptUp from any liability or obligation under any agreement you have with a User, and waive any claims against AmptUp for any breach of any agreement you enter into with another User.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at [email protected] Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third- party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. ARBITRATION. The You agree that any dispute or controversy in connection with this Agreement, including its interpretation, will be conclusively settled by submission to arbitration (the “Arbitration”) in accordance with the rules of arbitration of the American Arbitration Act as amended from time to time. The Arbitration will be conducted remotely before a single arbitrator mutually agreeable to the parties (the “Arbitrator”). The Arbitrator shall have the power to award costs in his or her discretion in making his or her award or decision. The rules and laws of Country shall apply to all aspects of the determination. The decision of the Arbitrator shall be final and binding and without any right of appeal. THE PARTIES ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, THEY ARE IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, AND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, IF ANY, DETERMINED BY A JURY.

For European Union (EU) Users

Company and this website are intended only for use in the United State and are not intended for use by residents of the European Union.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]By visiting this page on our website: https://www.amptup.com/contact