AMPLIFIHUB™ TERMS

1. Please Read

Please read these terms carefully as they clearly state the terms of use of the AmplifiHub™ website, associated websites and platforms and the terms on which we provide our services and access to any features. The terms stated here are applicable to both guests and registered users. Use of our website includes accessing, browsing, or registering to use our site. Note : Use of the term “Users” refers to the “Music Producers, Songwriters, Artists and Video directors” as a collective. We may change these terms in the future so please check from time to time to take note of any changes. by using our website or services you are deemed to agree to these terms. If you do not agree to any part of these terms you must not use our website or services.

2. About Us

This website and associated services are provided by AmplifiHub, an Enterprise registered in Lagos, Nigeria with registration number 2556464 We can be contacted at the following email address [email protected]

GENERAL TERMS OF AMPLIFIHUB™ WEBSITE USE

3. Content on Our Website

Access to our website is granted free of charge and on a temporary basis. We do not guarantee that our website or any part of it will always be available or be uninterrupted. We may suspend or change any part of our website without notice and we will not be liable if our website is unavailable. You are responsible for arranging your own access to the website and any service provider charges that may be incurred. We will update our website from time to time but please note that any of the content may be out of date and you should not rely on it. We do not guarantee that our site, or any content on it, will be free from errors or omissions. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. You may link to our website but only in a way that is fair and legal and does not damage our reputation or take advantage of it.

4. AMPLIFIHUB™ Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our website, and in the materials published on it or supplied to you. This includes any software, audio, text, photographs, graphics, videos and any trade marks or brand rights and any other works which are protected by laws and treaties around the world. All of our intellectual property rights are reserved. Any materials we supply or provide you (including the Beat Store and Service Hubs – defined below) are for your personal use and should not be distributed or copied without our prior permission. You must not use any part of the content or materials on our website for any purposes without obtaining a license to do so from us or our licensors. Should you wish to exploit any of our or our licensors’ materials in a manner which is not covered by the explicit written license terms on our website, please contact [email protected] If you print off, copy or download any part of our website in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. Viruses

You must not misuse our website or services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website or services, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately. It is important that you protect your device from viruses and malware. We will not accept responsibility for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material on or downloaded from our website, or on any website linked to it.

6. Complaints

Should you have any issues with our website or service please contact [email protected] AmplifiHub is not responsible for any infringing, illegal or offensive Beats or other materials uploaded by Music Producers, Songwriters, Artists, Video directors or any third parties on our website (Infringing Materials). If you wish to notify us of any Infringing Material please email [email protected] We are under no obligation to take any action, beyond what is required by any relevant laws or authorities.

BUYING BEATS AND PAYING FOR MUSIC MAKING SERVICES ON AMPLIFIHUB™

7. Conditions Of Sale

Compositions and recordings (Beats and complete tracks) are made available by third parties (Music Producers, Songwriters, Artists and Video directors) through our platforms. AmplifiHub requires all Users to confirm that the User’s uploaded materials (Beats and complete tracks) do not infringe any third party rights and that they have the necessary permissions to make the materials available and grant ongoing rights to purchasers. AmplifiHub provides a platform for the Users to sell their Beats and offer music making services. As a purchaser, your contractual relationship relating to Beats or Services is with the provider of the service, licensor or seller of Beats and not with AmplifiHub. When you purchase Beats and Services, it will be under the conditions and limitations of the license terms stipulated by the relevant Music producer or Provider of the service. These terms will be presented prior to completing the purchase of a Beat or Service. If you do not agree to those license terms, you must not purchase that Beat or pay for the Service. Any exploitation of Beats or Services by a purchaser which is outside of the Music Producer or Service provider’s license terms will be a potential breach of contract and a potential breach of intellectual property rights, for which you will be liable.

8. Purchaser obligations

We wish to promote an environment where people can share their music and be properly remunerated for their work. By accessing our website, you agree that you shall not breach another party’s intellectual property rights and that you will adhere to the terms of any license agreement. In the event that in our reasonable belief a party breaches these terms, any User license terms or infringes ours or a User’s intellectual property rights we reserve the right (without limiting any other rights and remedies) to immediately terminate or suspend your account and share your account details (including personal information) with the relevant rights holder or authorities. You shall indemnify us against any and all direct and indirect claims, losses, damages, costs and liabilities arising out of any infringement by you or permitted by of a Producer’s rights.

SELLING BEATS AND OFFERING MUSIC MAKING SERVICES ON AMPLIFIHUB™

9. Selling Services

We offer two ways of selling your Beats (Music Producer Services): Personal Beat Store - We provide personal online beat stores for Music Producers. This gives Music Producers the tools to sell directly to purchasers. General Beat Store – Music Producers Beats are available by default for purchase via AmplifiHub’s website. The Beats displayed on the general beat store are selected at random by the software by runs the website. We also provide various Service Hubs (Mixing and Mastering hub, Songwriting hub, Artist hub and Video director hub) to Users, so they can effectively offer their music making services to customers worldwide.

10. Intellectual Property Rights

The User grants to AmplifiHub a non-exclusive, worldwide, royalty-free, transferable license to copy, edit, store, distribute and otherwise exploit the User Materials (defined below) for the purpose of:

  • making the Beats available as a stream (i.e. transmit the Beats in a manner that will not result in a reproduction of the Beats being made on a local storage device by a consumer for future use) for the purposes of enabling potential purchasers to preview Beats;
  • displaying the User Materials (excluding Beats) on its User Services; and
  • using the User Materials for the promotion and marketing of AmplifiHub.
AmplifiHub grants to the Music Producer, Songwriter, Artist and Video director a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Beat Store, various Service hubs and its underlying intellectual property for the purpose of selling Beats and offering other music making services. By making use of the Beat Store and other Service hubs (Mixing and mastering hub, Songwriting hub, Artist hub and Video director hub), you agree that we may use information collected through the Beat Store and Service Hubs in accordance with our privacy policy.

11. All User Obligations

By uploading Beats, Sample Audio and any associated artwork or other materials, including your name, biography and photograph through our User Services, Users warrant and represent that:

  • you have the authority and permission to make the User Materials available in the manner offered by you;
  • the User Materials do not infringe the rights of any third party, including any sample owners, writers, artists or musicians;
  • the User Materials shall not contain or transmit any virus or other harmful matter;
  • you will not purchase your own Beats or engage in any other activity to unfairly manipulate the appearance of your Beats and Service listing on the General Beat Store, Service Hubs or within the AmplifiHub charts;
  • you will not make copies of the Personal Beat Store, General Beat Store or Service Hubs or attempt to modify, edit, disassemble, extract code or reverse engineer the same;
  • you will not use the Personal Beat Store, General Beat Store or Service Hub for any illegal, unauthorized or offensive purposes; you will comply with all laws and regulations relating to the sale of Beats; and
  • you shall be responsible for any taxes, levies or duties that are due in respect of the User’s use of the User Services. We reserve the right to terminate, suspend or remove any account or content which we believe breaches our terms and conditions, without liability to you. You shall indemnify us against any and all direct and indirect claims, losses, damages, costs and liabilities arising out of any breach by you of these terms.

12. Subscription

Access to our User Services is provided on a recurring subscription basis of six monthly or twelve monthly periods. Subscriptions will automatically renew at the end of each subscription period unless you cancel the subscription by giving us one calendar months’ notice by email to [email protected] The cancellation will take effect the day after the last day of your current subscription period – it is not possible to terminate a subscription part way through a subscription period. In the event any payment of a subscription fails we may suspend access to the User Services until any outstanding charges have been paid in full. The price of our various subscriptions are advertised on our website. We may change the subscription charge or features at any time. If we do so, we will send you an email a reasonable time in advance. The change will take effect from the next subscription period following the date of the change and you will be deemed to accept the new terms if you do not unsubscribe.

13. Prices, Payment and Fees

Music Producers can set the sale price of Beats at their discretion, however, the minimum price of a beat seats at N5,000. Other user types (Songwriters, Artists, Video Directors) can set their service and sale price at their discretion with no minimum price attached to it. When Beats and Services are paid for, the payment will be paid directly to a User’s nominated Bank account within 7 working days. AmplifiHub will deduct a commission from the price of every purchases of Beats and Services through the General Beat Store, Personal Beat Store and the Service Hub. Our commission will be automatically deducted before any revenue is paid through to the User. The User will receive the following amounts from each sale: Music Producers : Silver Producer – 85% Gold Producer – 90% Platinum Producer – 90% Other User Account Types (Song Writers, Artist, Video directors) : – 85% OTHER SERVICES ON AMPLIFIHUB™

14. Promotion - General Beat Store and Service Hubs.

Users may pay to sponsor Beats, Services. User profiles etc. on our homepage. You are able to place an order for promotion through our website by visiting promotion.amplifihub.com . Once your order has been placed we will send an email to you to confirm that your order has been accepted and our contract with you will come into play. You must purchase a minimum promotional period of 7 days, which will run consecutively.

All sponsors will rotate on the homepage to give all Beats, Services, User profiles etc. the same visibility. Your sponsored material will feature on the homepage at some point, however, the frequency will change depending on the number of other materials sponsored during the same time period. AmplifiHub do not make any guarantees that this feature will increase sales. There may be instances where we are unable to accept your order, for example, due to high demand, quality check or technical issues. If this is this case, we will send an email confirming that we have rejected your order and refund any charges paid for the Marketplace promotion.

15. Course - Learn To Sell Beats and Offer Music Making Services.

Our services may be engaged to provide information and advice on marketing and monetizing your Beats online. The details of the courses and associated prices are advertised on our website. You may not cancel your order for the course once you have accessed the course. This does not affect your statutory rights. We do not make any guarantee as to the effectiveness of courses.

GENERAL TERMS

16. Liability

If we do not comply with these terms, we shall be responsible for any loss or damage which could obviously be foreseen at the time we provide our services. All other liability is excluded. Nothing in these terms affects your statutory rights. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not exclude any liability where it would be unlawful to do so, including for death or personal injury caused by our negligence, fraudulent behaviour or for breach of your legal rights in relation to the products. Where it is not possible to exclude liability, our aggregate liability to you shall be N100,000 (hundred thousand naira).

17. Miscellaneous

We shall be permitted transfer our rights and obligations under these terms to another party. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. No third party shall have any rights under these terms. Where any of these provisions are found to be unlawful it shall, where possible, be construed to give a lawful meaning and where not possible it shall be deemed severed from these terms. The remainder of these terms shall remain in full force and effect. Any delay in enforcing our rights or bringing an action against you shall not be a waiver of our rights. Even if we delay in enforcing this contract, we can still enforce it later. If you are a business, you irrevocably agree that the courts of Nigeria shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims), however, nothing in these terms shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking by us of proceedings in any one or more jurisdictions preclude the taking by us of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.