Last Updated: October 19th 2016
Please read these terms and conditions (these Terms), which apply when setting up an individual profile on AMY online or on the mobile application accessed by you over the internet ("App") whether accessed for use by you on a mobile, computer or any other device used to connect to the Internet ("Device").
By signing up and registering for an individual account on the App you agree to be bound by these Terms, the End User Licence Agreement (which you have already accepted by downloading and using this App) (EULA) and the Privacy Policy, which together form the terms of the agreement between you and the Internet of Artists Limited, trading as AMY ('AMY', 'we' or 'us'). We may modify these Terms from time to time but will notify you in advance of any significant changes to the terms of this Agreement.
The Terms apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply.
OUR SERVICE
By signing up to this App you can access details relating to musicians, schools, venues, recording/rehearsal studios and such other content comprised in the App which is owned or licensed by or to AMY ("AMY Content"). However, certain features of the App and specific services are only available to musicians who have set up an individual profile on the App (Musician Profile).
As a musician setting up a Musician Profile you will be able to upload information and content about yourself to your account on the App. This content can include, images, music videos (save that you may only upload a maximum of three short videos), photographs and similar content including any non-music content about your instrument, or any performances that you have contributed/participated in that you upload onto the App (Musician Content).
Schools, venues and recording/rehearsal studios may upload information and content on by registering for an account on the App, each profile for the school, venue and recording/rehearsal studio can include a description of the services provided, the location, contact details, opening hours, requirements, images, music, photographs and similar content (School/Venue/Studio Content).
School/Venue/Studio Content and Musician Content shall be referred to as "User Content" and AMY Content and User Content shall together be referred to as "Content" in these Terms.
Unless you have agreed to pay for add-ons to the basic App features, you are able to access and use the App for free but use of the App is subject to these Terms.
USER CONTENT
Musician Content
If you are a musician and want to set up a profile on this App, then you must complete the registration process on the App. If you require assistance with setting up a profile please watch the applicable AMY induction video which is available by clicking on the tab located in the menu on the homepage. Users of the App who have set up a Musician Profile will be permitted to upload content onto the App and interact and with other users who have Musician Profile status by using the chat feature on the App.
School/Venue/Studio Content
If you are a music school, venue or recording/ rehearsal studio wishing to promote yourself on this App then you must complete the registration process on the App. If you require assistance with setting up your school, venue or recording/rehearsal studio then please watch the relevant AMY induction video by clicking on the tab located in the menu on the homepage above.
REGISTRATION PROCESS
In order to complete the registration process you will need to add information about yourself, your school, venue or recording/rehearsal studio, as appropriate. If you are a musician you will need to upload at least one music video promoting yourself, subject to a maximum of three videos being permitted to be stored on your Musician Profile.
Once you have completed the registration process (and in the case of musicians uploaded a video of your performance) we will activate your account which means the User Content will be available to anyone downloading the App (including fans) to view and/or stream.
When you sign up, we ask you to provide certain information about yourself that is true, accurate, and up to date. Should any of your registration information change, please go to "Settings" and update your information.
Any information that you provide during sign up can be corrected during the sign up process by returning to the previous screens and correcting the information.
In order to use the App and the Service you must be 14 years or older and have your parent’s or guardian's consent. You promise that all registration information you submit is true, accurate and complete and you agree to keep it that way at all times.
PASSWORD AND SECURITY
On registration you will select a username and password and supply an email address. You must keep your password secure and must not disclose it to or share it with anyone.
You will be responsible for all activities and content uploaded onto your 'profile' which is accessed by using your password. If you know or suspect that someone else has your password, you should go to "Settings" and change it yourself and if this is not possible please contact us.
We reserve the right to change your password if we believe that it is no longer secure.
If you forget your password please click the "Forgot Password?" link where you will be able to reset your password if you satisfy our security check.
PRIVACY POLICY
We gather data and certain other information about you which is subject to our Privacy Policy. You should make sure that you read the Privacy Policy carefully as it contains important information about our use of your personal data.
By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internetbased to improve our products and to provide any Services to you.
If we make a modification that materially affects your privacy, we will notify you of such modification in advance providing you with an opportunity to agree to the new Terms and/or the Privacy Policy.
USE OF THE SERVICE
You may utilise the App solely for your own personal use. You must not use any content from the App for any commercial or illegal purpose, or re-sell the Service.
In particular, you may not use the App for any of the following purposes:
If you breach this provision, you will be responsible for any losses and costs resulting from your breach.
If you choose to access the App from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
CANCELLATION, SUSPENSION AND TERMINATION
You can cancel your use of the App at any time by deleting it from your Device
We reserve the right to suspend your use of the App and all Services at any time for operational, regulatory, legal or other reasons.
We may terminate your use of the Service with immediate effect if you breach any of these Terms.
SERVICE ACCESS
Whilst we try to ensure that the Service is normally available 24 hours a day, we cannot be held responsible if, for any reason, the Service is unavailable at any time or for any period.
Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance, updates or repair or for reasons beyond our control.
Although we make all reasonable efforts to ensure that the Service is bug and virus free, we cannot provide any guarantee in this respect.
We do not guarantee that the App will be compatible with your Device. While we try to provide the App using all reasonable care, where you have not complied with our express instructions regarding installation and/or tried to use a non-specified operating system, we cannot be held responsible for any corruption or loss of data held on your computer, or any damage caused to your Device resulting from your use of the Service.
GRANT OF LICENCE
Users are granted the non-exclusive, non-transferable right to stream or view the Content provided in the App in the formats made available by AMY.
Subject to these Terms, users are granted the non-exclusive, non-transferable right to use the App to upload User Content, view all Content and benefit from the Services.
TERMS OF BUYING, UPLOADING AND STREAMING CONTENT FROM APP Once you have registered as a User, certain AMY Content and features may be offered for sale from within the App as an in-app purchase.
The price payable for any download is as set out as advertised in the App. All prices include VAT (where applicable) unless otherwise stated.
We reserve the right to change the prices of in-app purchases from time to time, subject to notifying you in advance and you formally accepting the price and signing up to our terms and conditions. In the event that you are not happy with the price you will have the ability to terminate your agreement with us and delete the App without being subject to paying these charges.
LOCATION DATA
Certain services on the App, including assistance with locating music schools, venues and recording/rehearsal studios (promoted on the App) will make use of location data sent from the Device to the App. If you use this App, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. However you may withdraw this consent at any time by turning off the location services settings for the App on your Device.
USER CONTENT
By creating a profile on the App you may upload your own content onto the App. All content uploaded by you will remain yours. You will retain ownership of uploaded Musician Content and School/Venue/Studio Content, as applicable (but have no ownership of AMY Content) but, by posting or uploading any Musician Content or School/Venue/Studio Content, as applicable you hereby grant AMY the non-exclusive, transferable, assignable, sub-licensable, perpetual, worldwide and royaltyfree right to use, reproduce, distribute, publicly display, transmit to the public, publicly perform, make derivative works using and otherwise use the uploaded Musician Content or School/Venue/Studio Content, as applicable in all media, formats and contexts for any purpose including but not limited to the promotion of the service or related business activities and in relation to Musician Content we have the right to make commercial use of such content (the "Rights").
You are responsible for your content.
By uploading User Content you confirm that:
You must not upload to the App any music content, images, photographs or any other content than your own User Content.
You agree that in creating a profile and uploading User Content onto the App you will use the App in compliance with these Terms and that any other use could constitute an infringement of copyright under the national laws of the United Kingdom or any other jurisdiction from which the App is accessible.
We reserve the right to co-operate with any law enforcement authority or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms. We may, but have no obligation to, monitor, review, or edit User Content. We reserves the right in our absolute discretion to alter, remove or suspend any Content (in whole or part) in the App without providing you with any prior notice and accepts no liability for removing such Content. In particular, we may remove any Content which we reasonably regard as infringing any other person's intellectual property or other rights. In no event will AMY be liable for any loss or damage arising as a result of modifications made to the App.
MESSAGE BOARDS/ COMMUNICATION WITH OTHER USERS/ CHAT
The Service currently offers sharing through social networks, both indirect (Facebook/Twitter etc) and direct (email, Messenger etc).
All personal information you display or communicate using such functionality becomes public information and we are not responsible for any information you choose to make public.
Please be aware that your User Versions may be shared by others throughout the network. However this sharing will not include any personal data other than User Name as displayed with the User Version and any personal information you choose to share on your Profile page.
AMY reserves the right to remove at any time communications that AMY reasonably considers to be obscene, defamatory or abusive.
Additionally, by using the App or any Service provided under the App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
If you choose to communicate or meet with any other User by exchanging postal/email addresses, telephone numbers or otherwise via the interactive functionality of the Service, you do so at your own risk.
DISCLAIMER OF LIABILITY
AMY does not monitor the content of User Content and accepts no liability for its content. As a User, you upload User Content at your own risk and accept full responsibility and liability for its content. AMY does not endorse any User Content uploaded to the App.
We will not have any liability arising out of or in connection with the App or the Service or any defects in the App or any AMY Content for:
We do not seek to exclude or limit our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or any other liability which may not be excluded by law.
We will have no liability to you for any delay in performance of the App or the Service or any other matters to the extent that any such delay or other matters are due to any events outside our reasonable control.
Where you have uploaded User Content to the App, you will be responsible for any losses and costs we may have resulting from a claim by a third party that there has been an infringement of its intellectual property rights in the User Content.
Nothing in these Terms will exclude or limit any of your rights under law as a consumer.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in AMY Content in the App are owned by or licensed to AMY. No intellectual property right in any AMY Content is intended to, and shall not be deemed to, transfer to any person who accesses the App.
GOVERNING LAW AND JURISDICTION
These Terms are governed by English law and you and we agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
CONTACT DETAILS
If you wish to contact us in writing, all notices from you to us must be in writing and sent to us by email or by prepaid post to INTERNET OF ARTISTS LTD at Devonshire House – 582 Honeypot Lane – Stanmore – HA7 1JS – United Kingdom and [email protected] If you require further informa tion about AMY, our group companies, or any content featured in the Service, please contact us at [email protected].
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AMY MOBILE & ONLINE APPLICATIONS END USER LICENCE AGREEMENT (EULA)
Last Updated: May 26th 2018
IMPORTANT NOTICE:
PLEASE READ THE TERMS OF THIS EULA CAREFULLY AS THEY APPLY TO THE AMY ONLINE OR MOBILE APPLICATION ACCESSED BY YOU OVER THE INTERNET ("App"), WHETHER ACCESSED FOR USE BY YOU ON A MOBILE, COMPUTER OR ANY OTHER DEVICE USED TO CONNECT TO THE INTERNET ("Device").
BY DOWNLOADING OR RUNNING THE APP FROM THIS WEBSITE OR CLICKING ON THE "ACCEPT" BUTTON BELOW YOU ARE CONFIRMING YOUR ACCEPTANCE OF THIS EULA.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, WE WILL NOT LICENSE THE APP TO YOU. You should print a copy of this EULA for future reference. OPERATING SYSTEM REQUIREMENTS THIS APP REQUIRES A DEVICE WITH A MINIMUM OF 1GB OF MEMORY. INTERNET ACCESS AND THE ANDROID/IOS OPERATING SYSTEM.
When reviewing this EULA, please pay particular attention to the following:
ABOUT US
AMY is owned by Internet of Artists Limited ("AMY" or "we"), incorporated in England and Wales with registration number 09760638, whose registered office is at 582 Honeypot Lane, Devonshire House, Stanmore, Middlesex HA7 1JS, United Kingdom. Our VAT number is GB225 1563 30
It is agreed as follows:
GRANT OF LICENCE
1 |
This App is licensed to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site, located at https://play.google.com/store/apps (ANDROID) or at https://itunes.apple.com (IOS) (Appstore) for which you downloaded the App (Appstore Rules). This App is licenced and not sold to you. We remain the owners of the App at all times. |
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By downloading or running this App, we grant you a non-exclusive, non-transferable licence to use the App for your own domestic, non-commercial purposes, subject to this EULA, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights. |
SERVICES |
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By downloading this App and accepting the terms of this EULA, you will have access to information relating to musicians, music bands and groups, music schools, music venues, recording/rehearsal studios and such other content comprised in the App. |
UPDATES AND ADDITIONAL SERVICES |
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This EULA applies to all updates, upgrades, supplements, add-on components and new versions of the App that we may make available to you, unless we provide other terms along with the update, upgrade, supplement, add-on component, or new version. |
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From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use any services provided via the App (Services) until you have downloaded or streamed the latest version of the App and accepted any new terms. |
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In order to ensure that the Service is functioning at its best, from time to time we may ask you to upgrade to a newer version of the App. In addition, we may find it necessary to send you automatic fixes or support files. We will not be responsible in any way for your use of or failure to use any update, upgrade, supplement, add-on component or new version of the App. |
CHANGES TO THE EULA |
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Occasionally we may make changes to this EULA. When we make significant changes we will notify you in advance by sending you an SMS or email with details of the change or notifying you of a change when you next start the App or log onto the AMY website. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use the App. |
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Our privacy policy, which applies to the Services, forms a part of this EULA. The Privacy Policy may vary from time to time. |
RIGHTS GRANTED TO YOU |
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The App is protected by copyright and other intellectual property rights, which are owned by the AMY and its licensors. |
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We grant you a limited, non-exclusive, revocable licence to use the App and the content on the App solely for your own personal and non-commercial use. This licence shall remain in effect until and unless terminated by you or AMY. In particular, this licence only allows you to listen and view the content on the App by streaming it back to your Device. . |
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The App is licensed to you strictly for use that does not infringe the rights of any third party (including without limitation performance rights, copyright, moral rights, composition rights, privacy rights and publicity rights). If you use the App in any way which infringes the rights of any third party, you will be in breach of the terms of this EULA, and you will be responsible for any losses and costs which result from that infringement. |
RESTRICTIONS ON USE OF APP |
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You must not (and must not permit any third party to) adapt, reverse engineer, decompile, disassemble (except where this restriction is prohibited by law), modify, adapt or make error corrections to the App in whole or in part, or analyse any data communication input or output stream generated by the App for the purposes of investigating data communication protocol. |
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You must not (and must not permit any third party to) re-sell, rent, lease, transfer or sub-license the App or assign or otherwise transfer this App to any other person. |
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You may not use the App for any commercial purpose, for any unlawful purpose or in any manner that is inconsistent with this EULA. |
RESTRICTION ON USE OF CONTENT |
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The App including all content (including any images, photographs, description, material, underlying sheet music, lyrics, musical composition and audio and video recording and other information and documents) in the App is intended for your own personal non-commercial use. You may not (and must not permit a third party to) use the content in any way for commercial use or exploitation. |
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The content comprised in the App is protected by copyright laws or the related laws of each jurisdiction and, except as mentioned below, may not be distributed to third parties. Any commercial exploitation will amount to an infringement of the copyright owners' rights and may be a criminal offence. |
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If you are a copyright owner and are concerned that any content on the App infringes your rights or a third party's rights, please send written notice to [email protected] with details of the location of the information in question and the infringing nature of the material in question. |
LOCATION DATA |
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Certain Services will make use of location data sent from the Device to access the App. If you use this App, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. However you may withdraw this consent at any time by turning off the location services settings for the App on the Device. |
WARRANTIES AND LIABILITY |
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We endeavour to provide you with the best service we can, but you understand and agree that the App and Services are provided 'as is' and without any express or implied warranty or condition of any kind. You use the App at your own risk. |
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We warrant that the App will, when properly used in conjunction with an operating system for which it was designed, perform substantially in accordance with the functions as described in the App. We give no undertaking that the App will be of a particular quality or fit for a particular purpose except as described in the App. While we use all reasonable efforts to ensure that the use of the App will be uninterrupted or error free and will not infringe any third party rights, we do not give any guarantee of this. |
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We do not seek to exclude or limit our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or any other liability which may not be excluded by law. |
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If you breach the terms of this EULA, you will be responsible for our losses and costs resulting from your breach. |
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We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. |
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Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. |
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Nothing in the EULA will exclude or limit any of your rights under law as a consumer. |
TERMINATION |
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We may terminate this EULA at any time if you breach any of the terms of this EULA. |
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You may terminate your use of the App at any time by deleting it from your device. |
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On termination of this EULA for any reason, all rights granted to you under this EULA immediately cease and you must immediately stop using the App. |
LINKS TO THIRD PARTY WEBSITES |
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The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. |
GOVERNING LAW AND JURISDICTION |
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This EULA is governed by English law and you and we agree to submit to the non-exclusive jurisdiction of the courts of England and Wales. |
CONTACT US |
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If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to INTERNET OF ARTISTS LTD at DEVONSHIRE HOUSE – 582 HONEYPOT LANE – STANMORE – HA7 1JS – UNITED KINGDOM and at [email protected] We will confirm receipt of this by contacting you in writing, normally by e-mail. |
