Copyright

Copyright

 

Amplify The Anthems Limited

 

Terms of Business

 

Contents

 

Introduction:                 Who we are and what these Terms of Business are for.

Your Registration:         How to get started.

You:                             General information about you and your basic obligations.

Your Content:               What you can post to Amplify The Anthems and how.

Us:                               General information about us and our basic obligations, including liability.

Buying Music:              Legal detail around the process of buying music, including what you can use it for.

Selling Music:               Legal detail around selling your music, including how you get paid.

Starter Packs:                General information regarding our starter packs that we can provide to you.

Marketplace:                 Legal detail around the process of buying goods and/or services from our website, which are sold by other users.

Shop:                           Legal detail around the process of buying our branded goods from our website.

Events:                         Legal detail about tickets and your attendance at our Amplify The Anthems events.

This Contract:               General legal information about our relationship with you, often called ‘the boilerplates’.

 

Introduction

 

Thanks for visiting Amplify The Anthems. This is an exciting platform for unsigned musicians and artists to promote their work and a marketplace for the sale of goods and services.

 

A service like Amplify The Anthems (which, in this document, we’ll refer to as “the Service”) requires people to interact with each other (us included) within some kind of framework designed to safeguard everyone’s legitimate interests.  In essence, that framework is provided by these Terms of Business, which we’ll refer to as “the Terms”.

 

Amplify The Anthems is owned and operated by Amplify The Anthems Limited (company registration number 09858500) whose registered office is located at 2 Gouthwaite Close, York, YO30 4UJ.  When we use words like “we”, “us” and “our” in these Terms, it is to Amplify The Anthems Limited that we refer.  Likewise, when we use words like “you” and “your”, we are referring to you.  The “Website” is the one hosted at http://www.amplifytheanthems.com.

 

Whether you want to promote your work, buy music, search through our marketplace or store or attend an event, you will need to register with us and to do that, you need to accept these Terms.  If you don’t accept these Terms, you will be able to browse through the website, but you won’t be able to do anything else.

 

Some of what you will read below will only be relevant to you if you are an artist looking to use Amplify The Anthems to promote yourself and sell your work.  However, all of these Terms apply to everyone and when you complete your registration by accepting these Terms, there will be a legal contract between you and us.

 

Your Registration

 

You may register to use our Service by logging in through your social media account or by providing us with your name, a contact telephone number and email address. In completing your registration, you confirm that the information you are providing to us during the process is accurate and up-to-date.  You can change these details later by accessing your account or by contacting us by email.

 

If you register as an artist, you will be asked to make payment to allow you access to our Service as a whole or various parts of it. The payments are set out in detail on our Website, and you may choose between one off payments or monthly payments.

 

You also need to check the box that is your confirmation that you accept these Terms.  If you don’t do that, you won’t be able to register.  But if you do check the box and submit your registration to us, please bear in mind that you are entering into a contract with us and that contract is, of course, based on these Terms.  Don’t worry, you don’t *have* to do anything in particular.  If you register and subsequently decide not to use the Service, there’s nothing you are required to do (and if you wish, you can have your registration terminated).  But since you are entering into a contract with us, it would be sensible to have a good read of these Terms just to make sure you are aware of the position.

 

You’ll always be able to find a copy of these Terms on the website, but you might want to print off a copy for your records.  If you do, please bear in mind, however, that the Terms might change in the future, especially since we may add functionality to the Service over time.  If we do change the Terms, we will, of course, contact you through the Service to let you know that the Terms have changed.  If you continue to use the Service after that, you will do so having accepted the new version of the Terms.

 

You

 

We mentioned above the minimum information that you’ll have to provide to us in order for your registration to be effective.  Of course, that information alone will be enough to identify you personally and so for that reason, it is protected under the Data Protection Act 1998 (and possibly equivalent laws in your jurisdiction, if you’re not living in the UK).  You may want to supplement your account with further information about yourself or your act and the information you post may reveal more about yourself.  We will handle that information in accordance with our Privacy Policy, which forms part of these Terms and thereby, our contract with you.  We must be able to identify you as an individual from the information contained within your profile and to that extent only, you confirm that your profile information is accurate and that you will keep it up to date.

 

Our contract with you is subject to the non-exclusive jurisdiction of the English courts and is governed by English law.  Because of the way English law works, children are not capable of entering into contracts.  Consequently, our users must be at least 18 years of age and you confirm that you are and that you are capable of entering into binding contracts. If you are under the age of 18, you will need your parent or guardian to complete the registration and enter into the contract with us. You may only use their registration with their express permission. 

 

Your registration on these Terms gives rise to a contract between you and us that is indeed binding on both you and us and those that may later inherit the benefit of the contracts that we have formed.  You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything.  The nature of running a Service like Amplify The Anthems means that we may, for some reason have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if we are acquired by another company).

 

You can terminate your registration at any time.  There is more about this in our Privacy Policy so please follow the instructions there.

 

We may terminate your account if, at our discretion, we consider it to have become inactive.  Generally this will be where you have not made any payments or otherwise interacted with Amplify The Anthems for a year or so, but it may be less and there may be other factors that we take into account.

 

Your Content

 

As a platform technology, Amplify The Anthems is what its users make it.  That said, there are core purposes for it (as outlined in the Introduction above) that encompass everything that we and our users do with it.  You agree that you will abide with those purposes and that you will not, under any circumstances, use your registration for actions that do not fall within those core purposes.  In particular, you will not use your registration to “troll” our users or use our Service for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as “spam”.  If you use the Service to troll or to distribute spam, we’ll terminate your registration immediately.

 

In using the Service, you’ll have the chance to write text or upload photographs or other media, obviously including music and videos if you are an artist.  You promise that the content you upload will not be misleading, offensive, obscene, abusive, libellous, false, deliberately misleading, or otherwise illegal or unlawful.  For short, let’s call this “Unlawful Content”.  If you do post Unlawful Content, we reserve the right to remove it immediately.  If we do remove it we may let you know that we have done this but we also reserve the right not to, should we consider your post to have been an intentional breach of these Terms.  If we do remove your post, we may allow you to explain why you have posted the Unlawful Content but if your explanation is unconvincing or you take an unreasonably long time to respond, we may, at our discretion, delete the post permanently and we might terminate your registration too.

 

You may have heard of the term “intellectual property”.  Intellectual property is the term used to describe things that can be owned but which are not physical in nature.  The owner of intellectual property doesn’t own something that is tangible but instead has the right to control how that intangible thing is used, hence the term “intellectual property rights”.  Trade marks, patents and copyright are well-known and commonplace forms of intellectual property, but there are lots more besides.  And if you use somebody else’s intellectual property rights without their permission (which is often called a “licence”), you’ve “infringed” their rights.

 

When you post content of whatever nature to the Service, you confirm that either you own the intellectual property rights in that content or, if those rights belong to someone else, that you have their permission to post it to the Service.  You also confirm that you will not post content that infringes the rights of others, whether users of the Service or not.

 

When posting content to the Service, you give us permission to reuse that content on a non-exclusive basis for the purpose of providing the Service to our users and customers wherever they may be in the world. That licence will enable us without charge to store, use, perform, display, reproduce, modify, distribute or sub-licence that content, as the case may be.  This may include us featuring your music or videos in promotional material or in our podcasts. Where the intellectual property rights in the content that you have uploaded belong to somebody else, you confirm that the owner gave you their permission to grant us the same licence to reuse that content as if it were you that owned it.

 

You may revoke the licence you have given us at any time by deleting the content in question or by terminating your registration.  Where you do either of those things, the content in question will be removed from our live service as soon as possible and from our back-ups over a reasonable time, as dictated by our internal security policy from time to time.  There’s more on this in our Privacy Policy.

 

Where you post content that infringes the intellectual property rights of somebody else, we may delete that content immediately should we be contacted by somebody complaining about it.  We will contact you to let you know that we’ve done this (unless we are required not to by law) and you can contact us to explain what’s happened or, perhaps, complain about what’s happened (if you believe you had the right to use that content or that you believe you actually own it).

 

If you breach the terms relating to your content either by posting Unlawful Content or by posting content that infringes the intellectual property rights of others, there is a good chance that we are going to have to devote resources to dealing with the problem.  This may involve spending real cash money on lawyers, investigators and the like. Consequently, where this happens you agree to compensate us fully, pound for pound, on demand for any and all such losses, whether in the form of direct expenses or for our loss of time or for other things that are readily quantifiable.  In legalese, you ‘indemnify us’ and ‘will hold us harmless’.  Where we suffer other losses that are harder to quantify, we reserve the right to pursue you for the recovery of these.  Our right to take action to recover these losses or to insist on this indemnity will survive the termination of your registration (which would otherwise terminate our contract with you).

 

One final thing on the subject of intellectual property rights.  Just as you may own the content that you post to the Service, so we own the framework and content that makes up the Service.  That includes all the ‘copy’, the code, the look and feel and the trade marks and graphics and you can use all of that in making use of your registration in accordance with these Terms but absolutely no more than that.  Even the copyright in these Terms and the other legal documentation you see on the website is owned by our lawyers and licensed to us for this purpose.  Were you to use their things without asking, they would be most unimpressed.  So please don’t try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Terms and in particular, don’t attempt to associate yourself with us or claim any form of endorsement from us because that is just not on.  If you wish to engage with the Service as a business, we will make other arrangements with you. Contact us at help@amplifytheanthems.com to find out more on this.

 

If you come across any evidence that suggests somebody else is using the Service in breach of these Terms, it would be a terrific help if you would let us know the details so that we can take action to stop them.

 

Us

 

At any given time, we reckon we have a pretty good idea as to how well the functionality we’ve provided is working.  We’re working on new features all the time and occasionally, we may want to replace older features with new, better ones.  It is inevitable that every now and again, we will provide features or functionality that seemed like a really good idea at the time but which, for whatever reason, don’t really catch on with our users and the artists we support.  So when this happens, we reserve the right under these Terms to add or remove functionality and features.  We will do our best to give you some advance notice of this but from time to time, it might not be possible.  For example, if something breaks and it is complicated to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately.  That withdrawal may be temporary or it may be that we withdraw it permanently, and we reserve the right to decide what’s best in the circumstances.

 

It might be that new functionality requires changes or additions to these Terms or the Privacy Policy, so when we launch new features, you might want to check to see whether we’ve made any changes to either.

 

Consumers enjoy protection under a variety of laws in different jurisdictions around the world and if you are acting as a consumer in registering to use the Service (you may not be if you are a professional musician) nothing in these Terms is intended to undermine your protection either in England or wherever you happen to be when you access the Service.  In English law, it would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us.  It’s pretty difficult to see how your use of the Service could result in anybody suffering any kind of physical harm, but we just need to be clear about these things.

 

Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE SERVICE, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE.  In case you’re wondering, that bit has to be in capitals in order to comply with the laws of certain jurisdictions, including certain states in the USA.

 

In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL.  This might include a failure of an internet service provider to deliver notifications or emails to you or provide you with the ability to download music or other content that you have purchased, for instance.

 

If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms.  If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.

 

Finally, please note that we rely on our users to post content to the Service in good faith – and that includes artists who make their music available for purchase. We will use best efforts to moderate posted content, but if you consider a post made by a user to be unreasonable, misleading or unfair, please feel free to contact us at help@amplifytheanthems.com explaining where you found that content and why you feel it should be removed. We will then carry out our own investigation and may remove the reported content from our Service if we agree that it has breached these Terms.

 

These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).

 

In making sure that our users and artists are satisfied and that the Service is working efficiently, we may review the data being transmitted by you or any of our other users or artists.  This does NOT mean, however, that we are under any duty to do this and we do not and will not assume any responsibility for this.  Nevertheless, as we have indicated above, we may remove content posted by you or by other users or customers if that content contravenes these Terms or the user or customer posting that content is in breach of these Terms.  Likewise, if you see content that offends you, please do let us know and we will look into it. 

 

You also need to be aware that viruses can be transmitted via websites, not just email.  So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE HEREBY EXCLUDE LIABILITY FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE SERVICE OR CONTENT DOWNLOADED VIA THE SERVICE OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PEOPLE.

 

There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, that we don’t make use of our rights to take action against you.  This does NOT mean, however, that we are waiving those rights.  We can take action against you later if we so choose, and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.

 

Vouchers, prizes and offers provided to our users and artists by us or any third party are given in good faith but we will not, under any circumstances, be liable for the failure of the supplier of the goods or services in question to honour those vouchers, prizes or offers, nor will we be liable should the product in question fail to live up to the way an offer has been described.  These vouchers, prizes and offers are provided to you gratuitously and not under contract, whether under these Terms or any others.

 

Buying Music

 

Amplify The Anthems is all about new music from exciting, unsigned artists.  We are here to help our users search and discover new music.  So when you’ve found something you like, you might want to purchase it.  The artists who post their content to Amplify The Anthems may make it available for purchase at a certain price.  Even if they offer it to you for free, your download and use of that content is subject to these Terms.

 

You can pay for content using PayPal or by your credit or debit card.  If you choose the latter, a payments processor will charge your card and we will not handle or have access to your credit or debit card information.  At the time that these Terms are published, the payments processor in question is Worldpay.

 

It may be that we are able, via our payments processor, to give you the chance to store your credit or debit card details in order to speed up the purchase process.  If so, we will not be liable if your credit or debit card details are lost or stolen or otherwise accessed unlawfully.  In the unlikely event that this happens, you should take up your claim against the payment processor and we will, of course, assist by providing whatever evidence you require about the payment or your account.

 

Sometimes it can happen that you accidentally purchase something. We know how frustrating that can be but as you are purchasing digital downloads, you are unable to cancel your purchase. It is important that you are very careful when browsing our Website and purchasing content from our Service.

 

Please bear in mind that when you purchase content through Amplify The Anthems, you are purchasing that content under these Terms from whoever it was that posted that content.  Amplify The Anthems simply provides the framework upon which the transaction takes place – we are not a retailer.  So if, having purchased it, you consider it to be unsuitable for some reason, your claim should be against the artist in question, not us.  However, if, having contacted the artist, you are unsatisfied with the response you receive, you are welcome to contact us and we will investigate. 

 

If we conclude that your complaint is justified, we will take action against artist in question, which could include suspending or terminating their account.  We may, at our discretion, attempt to recover some or all of the payment you have made to the artist by withholding payments we are due to make to the artist, but since this will rarely be the case (our commission is taken from your payment and the balance remitted to the artist by the payments processor), please do not rely on this for the purpose of securing a refund.  Alternatively, we may suspend the artist’s account(s) pending the payment of any refund we believe to be due to you. 

 

Ultimately, if it appears that the artist in question has systematically abused the Service to defraud our users, we may take action against the artist and you hereby appoint us as your attorney in conducting that action on your behalf.  In such a situation, we will share out any recovery made from the artist, after payment of our legal and administrative costs, to the users who have suffered on a pro-rata basis.

 

You can use the content that you purchase on any device that you own and you can use as many copies of the purchased content as you like for that purpose.  You are not, however, permitted to give or sell the content to any third party unless you receive the written permission of the artist in question (and the artist may not be able to give that permission alone as there may be third parties involved).  Where such written permission is given, you MUST erase all copies you have made of the purchased content.  If you happen to sell a device upon which the purchase content is stored, you must delete that content from the device before it leaves your possession.

 

If you exceed the bounds of the permission to use purchased content granted above, you will be infringing the intellectual property rights of the artist (or whoever else may own or control some or all of the rights in that content – all of whom are usually referred to as “rightsholders”).  They may take legal action against you for infringement in order to secure an order for damages or an injunction against you.  On top of the damages you will have to pay to compensate the rightsholders, you will also have to pay their legal costs and that alone could force you close or even into bankruptcy.  So please take these issues seriously – for the artists we support, the unlawful distribution of their content can be the difference that makes them give up on music to find a more stable source of income.  And that’s not just unfair for them, it’s bad for everybody.

 

Finally, if you do like the content you’ve purchased, don’t be coy about it. You can use our Service to cast a vote and remember that each time you access the content, a Beat Per Anthem is generated (which is our ranking system). You will then be helping the content climb our chart to the no.1 spot.

 

Selling Music

 

This section is relevant to artists who want to use Amplify The Anthems to publicise their act and distribute their content. 

 

Please bear in mind at all times the sections of these Terms that deal with Unlawful Content.  If you breach your obligations under those sections, you could be liable not only to us but also to those purchasing your content and worse than that, you could face prosecution.

 

When you make your content available to Amplify The Anthems users, you sell directly to them.  All we do is provide the infrastructure over which that sale is made.  So if, for some reason, a credit card chargeback occurs (that’s where the credit card company takes back the money you’re received, often as a result of fraud), we will not be liable.  Likewise, if you find that users are making use of your content beyond the bounds of the licence given in the section above titled “Buying Music”, the target of your complaint should be the user in question, not us.  However, because Amplify The Anthems is all about supporting artists, if this happens to you, please contact us and we will do what we can to help.

 

Should you upload individual tracks to our Service, you will be given pricing options that you can choose from. It may be that you are happy for users to download your music for free, or you may want to set a price. We try to give you as much flexibility in pricing as we can, with higher price points available if you upload an album.

 

Should you wish to upload an album of tracks to our Service, you can do so by either purchasing a Merchandise Pack, which we talk about later in these Terms, or by emailing us at store@amplifytheanthems.com with a photograph of your existing album. We will then check the quality and, if we’re happy, agree that it can be uploaded to our Website for sale. You’ll pay us up to 20% of the sale price to do that and you will be responsible for delivering your albums within 7 days of the date of purchase. If we receive any complaints regarding the quality of your album or late delivery, we may remove your album from the Website. You will then need to purchase a Merchandise Pack if you want to sell your album on the Website again. 

 

When a sale is made, payment is made by the user using PayPal or a credit or debit card payments processor (such as Worldpay).  The payments processor (whichever it is) will forward the payment to us and we will separate from that payment the commission due to us. The balance will then be paid to you by month end of the start of the next quarter if you are a premium member and by month end of the start of the next third if you are a free member. For example, premium payments received April – June 2017 will be sent to you no later than 31 July, free artists will be sent payment on sales May – August no later than 30 September. You can find the precise commission rates on the Website and if we change our commission charges, we will notify you. If you don’t like the new arrangements, you may remove your content from sale at any time. 

 

In fact, you can remove your content and even close your account at any time – period.  We will continue to make your content available only for the purpose of completing outstanding downloads for sales made up to the point you remove it from sale and/or close your account.  The licence that you have granted to purchasers of your content under these Terms will survive the closing of your account, so those users will be able to continue to use that content regardless.

 

In uploading content to the Service, you retain all intellectual property rights.  We don’t take ownership of any of those rights.  However, you grant to us a non-exclusive licence to publicise your act and the Service in our marketing and promotional material (including any podcasts that we may release) plus of course, you give us permission to publish your content and to make it available to the public either to be streamed via the Website or app or via any streaming service we might provide or to be downloaded by a purchaser of that content.  You give us permission to licence content that you upload to the Service to others, though we will not purport to give others permission to do anything that you have not authorised us to do with your content.

 

By creating your account with us and agreeing to these Terms, you confirm that you are not aware of any reason why the content you upload can’t be used by us under the terms of the licence you have granted to us under this section.  Before you proceed, please think very carefully about this.  If you are a member of a collecting society such as the PRS or the MCPS, you may have appointed them to collect royalties on your behalf and in so doing, you may no longer have the right to grant licenses to music platforms such as Amplify The Anthems.  Similarly, if you have a recording or publishing contract with a record label or some other third party or if your content is produced in your role as an employee for a third party, you may not own that content or, if you do, you may have granted exclusive rights to somebody else.

 

Please bear in mind that content that you think you own may actually be subject to claims of ownership by other people.  For example, bandmates that may not have consented to your use of Amplify The Anthems, other people who contributed lyrics or melodies, owners of the copyright in original compositions of which you have recorded cover versions (in fact, it’s safer just not to touch cover versions at all).  In uploading content to the Service, you are making a promise to us that everyone involved in the ownership or control of that content has granted permission to you to use it this way.

 

If we become the subject of infringement proceedings or any other form of claim based on the fact that you have uploaded content, we may claim back from you by way of indemnity on demand any loss, damage, compensation, costs (including legal costs) and any other form of outgoing that we incur as a result.  In addition, please bear in mind that if you have granted rights in your content to others (whether a collecting society, a label, a publisher or any third party), uploading your content to Amplify The Anthems without their permission could put you in breach of your contract with them and they may come after you too.  Not good.  So please be very, very careful about this.

 

Merchandise Packs

 

We know how difficult it can be to get started in a creative industry and put your work out there for people to see and hear. It’s very important for us to support new artists through our Service and we’ll do whatever we can to assist in that process. You may have noticed on our Website that we can provide ‘Merchandise Packs’ to our registered users, at a set cost. These Packs mean that we can help you with merchandising, whether that be creating albums with your music and artwork or printing t-shirts displaying your artwork. The different Packs are set out in detail on our Website, and you will see there what we can provide to you and at what cost.

 

There are a few things that you need to bear in mind before you pay for a Pack. Firstly, all content that you provide to us (where that be music or artwork) must be your own. We have talked a lot about intellectual property in these Terms, and the same rules apply to Packs. If we believe that the content that you have provided to us is not your own, we will not provide the Pack to you and will have to investigate further. If, after we’ve started work on Park, we believe that the content isn’t your own, we will suspend this work until we’ve investigated. If we have completed work (for example, printed your artwork or produced your albums), only the fee relating to production will be refunded to you. Amplify The Anthems will retain all other fees.

 

If your artwork is misleading, offensive, obscene, abusive, libellous, false, deliberately misleading, or otherwise illegal or unlawful (we referred to this as Unlawful Content earlier in these Terms), we also have the right to say that we won’t provide a Pack to you. You can go away, change your idea and get back to us with a new design if you wish, that is fine. We just won’t print anything that breaches these Terms.

 

If your Pack includes the production of albums from your tracks and artwork, you must have between at least 5 tracks to send to us. We will then start production based on our album template at the quantity that we have both agreed in advance. After production we will deliver a prior agreed % of that quantity to you and will keep the remaining % for online sale through our Website. If we are creating a mixture of physical albums and digital albums for you, the percentages and the quantities remain the same. It doesn’t matter that you can hold one but can’t hold the other.

 

Once we have produced an album for you as part of a Pack, you will need to set the sale price. When your album is then sold through our Website, the customer will be responsible for paying the delivery charges and Amplify The Anthems will take a 20% commission of the sale price. All remaining fees will be forwarded to you (initial cost + payment fees + delivery + VAT). We know that calculation may appear quite long, so please just get in touch with us if you want to go through it. 

 

We control the stock levels that you can see on our Website, as sales of albums affect our scoring system and our chart. So that our stock levels are accurate, we ask that you let us know how many albums you have sold from the % that we delivered to you. We will then add those figures to our own. If we have reason to believe that your figures are incorrect, or that you are selling your albums illegally or fraudulently, we will remove all of the figures that you have provided to us. Your stock levels will then only relate to our online sales through our Website.

 

If we continue to hold your stock after 12 weeks, we will discount the album on our Website by 75%. If you disagree with this, you will need to contact as soon as possible after the 12 weeks and we may agree to keep the album at full price but reduce our stock levels. The remaining stock can then be delivered to you at your expense.

 

When our stock levels are running low, we will contact you and you can re-send albums back to us for online sale, allow the stock to run out or ask us to produce more albums (at an additional cost). If you choose the latter, we will retain at least 20 of those albums for online sale and will deliver the remainder to you.

 

Please note that at any time you can contact us and ask us to remove your albums from online sale. We will remove all stock from sale immediately and return them to you, at your expense.  

 

Marketplace

 

As well as promoting new music, we run a marketplace on our Website for our users to buy and sell unwanted artistic goods and/or their services (such as piano tuition or singing lessons). So if you’ve got a dusty old instrument stored away in your loft, you may want to find out more about the marketplace and sell it to a budding musician.

 

We monitor the marketplace to see what is being sold, so you should probably have a read of these Terms before you sell or buy anything.

 

Once you’ve registered on our Website, you can post an ad about your unwanted item or your services. We regularly check these ads and may remove any that we feel breach these Terms or won’t be relevant to our Amplify The Anthems users, with or without giving you any notice. If you regularly breach these Terms, we may have to stop you from posting ads altogether by suspending your registration.

 

When you write your ad and upload any photos, you agree that all information will be relevant and accurate to what you are selling. We ask that you do not post duplicate ads, use discrimination terms (whether offensively or generally), use keyword spamming or keep ads on the marketplace when your goods or services have already been sold. You should also put your contact details in the ad, such as an email address or a telephone number. We ask this because we don’t have anything to do with the sale, we just host the marketplace on our Website. So if someone wants to buy your instrument or take some piano lessons from you, they will need to contact you directly to organise this.

 

As we only host the marketplace, we can’t make any comment or recommendation to users about the nature of goods being advertised or the quality or relevance of the services. We won’t be liable if the goods or services aren’t as described or not relevant to the purpose for which you bought them. If you experience any problems after you have bought goods or services from the marketplace, you’ll need to contact the seller directly. If you are still having problems, then let us know and we’ll try our best to help you.

 

If you use the marketplace to buy goods that need collecting or to buy services, make sure that you are completely happy before you hand over any money. Don’t be shy of asking questions or worry about saying no. For your personal safety, we also advise that you meet the seller in a lighted public place and take somebody with you, or at least tell a friend or family member where you are going. This is perfectly normal and ensures that everyone feels safe and comfortable with the transaction.

 

If you are suspicious about any goods or services being sold, perhaps because they seem too good to be true or the user appears to be a scammer, please let us know so we can look into it. You can email us at bookings@amplifytheanthems.com. We want to ensure that the marketplace is fun, safe and valuable to all of our users, so welcome all comments, queries and complaints.

 

Shop

 

You may have noticed when looking around our Website that aside from the marketplace, which we have described above, you can also buy our branded goods (for example, t-shirts with our name and logo on).

 

We try to keep our stock levels maintained but, from time to time, we may change the goods available for sale and we don’t promise to continue to sale of any specific goods. So if you see something on the Website that you like, you are best buying it before our stock runs out. The photographs of the goods that we upload on the Website of the goods are for illustrative purposes only, but we do try to make them as correct as possible. Likewise, our goods should be priced correctly but (as much as we try to prevent it) mistakes do happen. If we’ve made a mistake regarding the pricing and you’ve already placed an order, we’ll let you know straight away and you can decide whether you want to proceed or whether you’d prefer to cancel your order. Please note that the prices you see on our website don’t include delivery – that’s added at check out – so you’ll only see the final total when you go to check out.

 

Another thing before you make a purchase from us is that, given the restrictions on setting up a Paypal account, you’ll need to be over the age of 18 to place an order with us using Paypal. You can however place an order with us by credit or debit card, so long as that card is in your sole name. If the card is in joint names or under the responsibility of your parent or guardian, you will need their express consent to use that method of payment. If you make an unjustified payment and a charge-back occurs, you’ll be liable to pay us within 7 days an amount equal to the charge-back plus any reasonable costs, expenses or losses that we have incurred as a result.

 

Our shopping pages will guide you through the steps you need to take to place an order with us. To speed up the ordering and payment process, you can use the login details that you created at registration at the check out. Any additional details that you then enter (such as your payment details and a delivery address) can be stored for future purchases.

 

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. If after submitting your order to us you become aware of any errors, you have two hours from the time of submitting your order to email us at help@amplifytheanthems.com to identify and amend the errors. If you contact us after that time, we will use our best efforts to assist you but it may be that your goods have already been dispatched.

 

After you place an order, you will receive an email from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place when we send you an email that confirms that the goods are available to be dispatched (the “Order Confirmation”).  This is also when the Contract between us will be formed.

 

After sending the Order Confirmation, we will dispatch the goods to you and estimate that you will receive them within 7 working days. If you do not receive the goods in this timescale, please contact us at help@amplifytheanthems.com. Occasionally, an event outside of our control may affect delivery (such as bad weather). We won’t be liable for failure to deliver goods to you in that circumstance and will refund your full payment. This is quite rare and we will try our best to get the goods to you whatever the situation may be.  Delivery of an order is completed when we deliver the goods to you and the goods will then be your responsibility. You will own them.

 

If we are unable to supply you with goods (for example, because it’s out of stock or no longer available) we will send you an email about the issue and will not process your order. If you have already paid for the goods, we will refund you the full amount including any delivery costs that you may have paid as soon as possible.

 

If you’ve bought a single item, you have a legal right to cancel within 14 days after the day of delivery. If you’ve bought a few products from us, you have a legal right to cancel within 14 days after the day on which you receive the last of the products. This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep any goods, you can contact us at help@amplifytheanthems.com and let us know that you wish to cancel the order. You will receive a refund within 28 days by the payment method that you used to purchase the goods. If you have already received the goods, you will need to send them back to us (see our registered address at the start of these Terms) and pay for the delivery charges. If the goods are faulty we will reimburse you for those delivery charges.

 

Please bear in mind that this cancellation right does not apply in the case of any customised or personalised goods, any goods that aren’t suitable for return due to hygiene or health protection and any goods that have been stained or damaged whilst in your case (such as removal of the tags).

 

If you return your purchased goods to us outside of the cancellation timescales, you do not have a legal right to a refund and we may decide not to provide one to you. We will confirm our decision to you by email.

 

Events

 

From time to time we may host Amplify The Anthems events around the United Kingdom to promote some of our chart-topping artists.

 

If you want to come along to one of these events, there are a few things that you need to bear in mind before you apply for a ticket. To start with, you will need to be over the age of 16 or (depending upon the venue’s own terms and conditions) be aged between 14 and 16 and be accompanied by a responsible adult. It is also very important that any tickets that you book are for your own personal use – they can’t be re-sold or transferred. If we have reason to believe that you have re-sold or transferred your tickets, we may decide to suspend your registration and void those tickets. Likewise, if we have reason to believe that you may have fraudulently purchased tickets (for example, by using a stolen credit card or by accessing another user’s account) we may ask you for further information to help us in our investigation. If we conclude that an act of fraud has taken place, we may decide to suspend your registration and void those tickets.

 

You can use our Website to apply for a ticket to attend one of our events. We may take payment (if the ticket is chargeable) immediately, but this does not constitute acceptance.  You application is an offer to enter into a contract with us and we only accept that contract when we provide you with electronic booking confirmation. You should receive that confirmation within 24 hours but if you don’t, please contact us at bookings@amplifytheanthems.com.

 

If we take payment and later find that we can’t accept your application, we’ll refund the price you have paid as soon as possible.  Please note that the refund may take up to two weeks to show on your card.  Unfortunately, this is just because of the way that the banks process refunds and there’s nothing we can do about it.  If, rather than taking payment immediately, we invoice you for the ticket(s), our invoice will be payable 14 days from the date of the invoice.  If you don’t pay on time, we may charge interest on the sum overdue at 4% above the Bank of England’s base rate, whatever that might be at the time.

 

Please review your booking form carefully before submitting it to us.  If you have made a mistake, please contact us as soon as you can and tell us what the problem is.  It may not be possible to correct a mistake but if it is, we may change a small administrative fee for doing so.  We reserve the right to reject booking applications at our discretion.

 

If you need to cancel your booking, you can do so by contacting us up to 21 days before the event is due to take place. We will refund 50% of the payment to you, less any delivery and booking fees that you may have paid. If you contact us within 21 days of the date of the event, unfortunately we won’t be able to offer any refund to you.

 

In the light of the above, it won’t surprise you to read that if you don’t show for an event that you’ve booked, you will remain liable for the full payment if we haven’t taken payment yet or if we have, we won’t issue a refund.

 

We always try to advertise our events as accurately as possible, but there may be occasions when we need to change an event’s price, time, date, venue, content or performers. If we need to make changes, we will contact you as soon as possible with the relevant information and you can decide whether or not you want to cancel the booking. If you wish to cancel your booking, please contact us at bookings@amplifytheanthems.com and we’ll organise your refund. Very occasionally, we may need to cancel an event and, if we do so, we will refund any payment that you have made to us less any booking and delivery fees. We will not, however, be liable for any additional costs, losses or expenses that you incur as a result of that change or cancellation such as travel tickets or accommodation.

 

We do not accept any liability should an event be cancelled due to an event outside of our reasonable control, such as bad weather, government regulation, fire, war, terrorist activity, civil commotion or workplace strikes.

 

Even when you have booked tickets, your entrance to the event remains subject to the venue’s own terms and conditions and any rules and regulations that they may have regarding acceptable behaviour, health and safety and security. If the venue does not let you into the event for whatever reason, or you are removed from the event, it is the venue’s ultimate decision and we have to respect that.

 

We may film, record or photograph the artists who perform at our events for promotional and marketing purposes. As a result, you acknowledge and accept that by attending an event you may also be captured in those recordings and/or photographs.

 

By submitting your application to book an event, you agree that we can use your personal data in accordance with our Privacy Policy. You may like to read that Privacy Policy before submitting your application to us.

 

Please contact us at bookings@amplifytheanthems.com if you have any difficulty in purchasing event tickets or any general enquiries about our events.

 

This Contract

 

From time to time, we will give you information relating to your use of the Service.  This might be information about new functionality or old functionality that we are going to withdraw.  It might be to let you know that we have made changes to these Terms or the Privacy Policy.  We will send this information to you in the form of notifications to your account via the Website.  We might also send an email to the address you have given us when registering (which is why we need you to keep that email address up-to-date).  English law requires that certain information that we might have to pass to you has to be in writing, so you accept that information we provide to you electronically is indeed ‘written’ for this purpose.

 

If, for some reason, you need to communicate with us for contractual purposes, you can do this by email addressed to bookings@amplifytheanthems.com but if you really feel the need, you can send us a letter by post, sent to the address given above.

 

Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these Terms.  There may be times when we all need to know when such a Notice was received.  To make things easy, those Notices will be deemed to be received as follows.  A Notice sent by us to you via a notification sent to your account via the website or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up.  If a Notice is sent in either direction by letter (probably from you to us, since we won’t know, nor will we necessarily want to know, your residential address), that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class mail) three days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.

 

It might just be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable.  Obviously, that could cause a bit of a problem, certainly for us and possibly also for you.  So, in the very unlikely event that something like that happens, there will be two consequences.  First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed.  Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by the terms removed or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.

 

Everything relevant to our contractual relationship with you is set out either in these Terms or in the Privacy Policy.  We have no earlier contractual arrangement or understanding with you or any sort.  If you are acting as the representative of a business, your user account may be linked to that business but if we have a commercial relationship with that business, our contract under these Terms with you stands entirely separately from that.  If there is anything that you seek to rely on in creating your registration, please disregard it right now, because in submitting your registration and accepting these Terms, you must acknowledge that in registering to use the Service, you haven’t relied upon any statement made or promise given by us, whether stated plainly or implied from our conduct UNLESS that representation or statement is repeated either in these Terms or in the Privacy Policy.  We have to have this rule because (1) we need some certainty about our relationship with you, and (2) because imagine having thousands of customers and having different, potentially undefined contracts with each: it just wouldn’t work.

 

In England, there is a law that gives third parties (that is, people who are not ‘party’ to a contract) certain rights to enforce terms that are intended to benefit them.  This is called the Contracts (Rights of Third Parties) Act 1999.  This will apply under these Registration Terms where, for example, artists want to enforce their rights against purchasers of content that they have sold, or purchasers want to take up with artists a breach of the terms under which that purchase has been made.  Apart from that, though, just to be clear, any right of a third party to take action under that law is excluded.  There may be other situations where third parties can take action and where we are not permitted to exclude that possibility, such third party rights remain, so you might want to bear that in mind.

 

This concludes these Terms and as soon as you check the ‘accept Terms’ box and submit your registration to the Service, you will have a binding contract with us.  All that is left for us to say is that your contract with us is subject to and governed by English law.  Any dispute that arises from our relationship with you or your use of the Service will be subject to the exclusive jurisdiction of the courts of England and Wales.