For ease of reference, we’ve summarized our basic rules right here! Refer to our Terms of Service (“ToS”) below for details.
1. By using ampsocial™, you agree to our ToS.
2. Don’t post misleading content, porn, drug-related content, graphic violence, etc.
3. Don’t use fake (bot/deck) Re-tweets, Favorites, Likes, or Views. If you do, we’ll suspend your account and we won’t pay you.
4. Submit your tax form. We can’t pay you until you do.
5. Submit the analytics from sponsored Tweets and Instagram posts. We won’t pay you until you do.
6. Don’t delete advertisements that you post. We won’t pay you if you do.
7. Don’t contact our Brands or advertisers directly. Contact us instead.
8. We reserve the right to publish and otherwise make use of all content you upload to ampsocial™.
Last modified: October 30, 2015
BY CLICKING “I AGREE” OR BY USING THE ampsocial™ WEBSITE, YOU (1) ACCEPT THE TERMS, (2) REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, AND (3) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND ARE LEGALLY BOUND THEM. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE ampsocial™ AND, IF ANY ampsocial™ SOFTWARE OR CONTENT HAS BEEN DOWNLOADED OR INSTALLED ON YOUR DEVICE, REMOVE IT.
We reserve the right to (1) modify or discontinue any feature or function of our service, website, or mobile application from time to time, or (2) limit, suspend, or terminate your use of ampsocial™, in each case, in Our sole discretion without notice to you unless We have agreed otherwise in a Content Dissemination Agreement between Us and you or your organization.
You may not access or use ampsocial™ unless you have (1) registered with Us as an Influencer or a Brand and (2) accepted the Terms.
You must treat your ampsocial™ username, password and any other authentication information that forms a part of Our authentication or security procedures (collectively, your “Security Credentials” as confidential. You must not disclose your “Security Credentials to any third party. You acknowledge that your ampsocial™ account is personal to you. You may not share your account. You may not provide any other person with access to ampsocial™ or any portion of it by way of your Security Credentials or by any other means. You must notify Us immediately of (1) any unauthorized access to your account, (2) any disclosure or unauthorized use of your Security Credentials, or (3) any other security breach involving ampsocial™. You must exit from your account at the end of each session. You must use due care when accessing your account from a public or shared computer so that others are not able to view or record your Security Credentials.
You and your organization, if any, are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages, materials or other content that you enter, upload, share, post, publish, display or otherwise transmit in connection with ampsocial™ (your “Content”).
We have the right to disable your ampsocial™ account at any time if We, in Our sole, subjective opinion, believe or suspect that you have violated any provision of the Terms. We have the right to change your Security Credentials at any time if We, in Our sole, subjective opinion, believe or suspect that a security breach has occurred.
If you access ampsocial™ through a mobile device, your wireless service carrier's standard charges, data rates and other fees and policies may apply.
ampsocial™ and all its proprietary features, functions, source -code, user -interface, appearance, and content are owned by Us, Our licensors or other providers of such material and are protected by United States and international trademark, copyright, patent, trade-secret and other intellectual-property or proprietary-rights laws. You may use ampsocial™ only as set forth in the Terms and may not otherwise use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, sublicense, exploit, or grant access to ampsocial™.
Your right to use ampsocial™ is conditioned upon your compliance with the Terms. If you do not comply with the Terms, your right to use ampsocial™ will immediately cease and you must, at Our option, return or destroy all copies of ampsocial™ software and content and any other Amp Social Media materials within your control. Other than the limited rights granted in the Terms, no right, title or interest in or to ampsocial™ or any Amp Social Media intellectual property or content provided in connection with ampsocial™ is transferred to you. All rights not expressly granted in the Terms are reserved. Any use of ampsocial™ not expressly permitted by the Terms is a breach thereof and may also violate copyright laws, trademark laws, or other laws.
ampsocial™, Amp Social Media, the Amp Social Media logo and all related names, slogans, logos, or other identifying marks or designs used by Us in connection with ampsocial™ are trademarks or service marks of Amp Social Media or its affiliates or licensors. You may not use Our trademarks or service marks without Our express written consent.
You acknowledge that Amp Social Media is and shall be the sole and exclusive owner of all right, title, and interest in any comments, suggestions, enhancement requests, recommendations, ideas for improvement, or other feedback provided by you to Us (collectively, “Feedback”) and that Amp Social Media may freely use and incorporate Feedback into ampsocial™.
You may use ampsocial™ only for lawful purposes and in accordance with the Terms.
You must not (1) use ampsocial™ in violation of any federal, state, local or international law or regulation (including any laws regarding the export or transfer of data or software to and from the US or other countries or particular persons); or (2) use ampsocial™ to transmit or store any material that could expose Amp Social Media to civil or criminal liability or that, as determined by Us, may harm Amp Social Media , its customers or suppliers, or other users of ampsocial™ or expose them to liability.
In addition, you may not (1) use ampsocial™ in any manner that could disable, overburden, damage, or impair ampsocial™ or interfere with any other party's use of ampsocial™; (2) use any robot, spider or other automatic device, process or means to access ampsocial™ for any purpose, including monitoring or copying any of the material on ampsocial™; (3) use any manual process to monitor or copy any of the material on ampsocial™ or for any other unauthorized purpose without Our prior written consent; (4) use any device, software or routine that interferes with the proper working of ampsocial™; (5) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any part of ampsocial™, the server on which ampsocial™ is hosted, or any server, computer or database connected with ampsocial™; (7) attack ampsocial™ via a denial-of-service attack or a distributed denial-of-service attack; (8) otherwise attempt to interfere with the proper functioning of ampsocial™; (9) copy, modify, sell, distribute, disseminate, transmit, translate, reverse engineer, decompile or disassemble ampsocial™; (10) disclose or provide access to ampsocial™ or any underlying information or technology to any third party; (11) remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in ampsocial™; or (12) impersonate any other person or in any manner fabricate usage or views of any content or media, including by way of fabricated, fake, or otherwise inauthentic Retweets, Favorites, Likes, or Views or by way of any type of bot or other programmatic means to generate usage, views, or similar metrics.
We may take any action that We deem appropriate in Our sole discretion with respect to any usage or other activity in connection with ampsocial™ if We believe or suspect that it violates the Terms, infringes any intellectual property right or any other right of any person, or could expose Us to civil or criminal liability. In addition, We may (1) disclose your identity or other information about you to any third party who claims that your usage or other activity in connection with ampsocial™ violates their rights; (2) take appropriate legal action, including referral to law enforcement; (3) terminate or suspend your access to all or part of ampsocial™; (4) cancel any payment due to you or your organization; and (5) fully cooperate with any law enforcement authorities or court order. YOU WAIVE AND SHALL HOLD Amp Social Media AND ITS OWNERS, EMPLOYEES, AFFILIATES, LICENSEES AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY INVESTIGATION OR ACTION UNDERTAKEN BY US OR ANY OF THE FOREGOING PARTIES, AGENCIES, OR AUTHORITIES IN CONNECTION WITH A BELIEF OR SUSPICION OF UNAUTHORIZED OR ILLEGAL ACTIVITY IN CONNECTION WITH ampsocial™.
By uploading or entering content into ampsocial™ or by transmitting, storing, or processing content with ampsocial™, you hereby grant to Us and Our affiliates and service providers, and each of their and Our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and disclose to third parties all or any part of such content (1) as reasonably needed to perform the functions of ampsocial™ and any services provided by Amp Social Media in connection therewith; and (2) to promote and market ampsocial™ and other services that We or Our affiliates offer, now or in the future. You represent and warrant that you or your organization possess and are capable of granting such rights in and to such content.
You acknowledge that you, not Amp Social Media, are fully responsible for any content that you upload or enter into or transmit, store or process with ampsocial™, including as to its legality, reliability, accuracy and propriety. We are not responsible or liable to any third party in relation to any such content. Such content must comply in its entirety with all applicable federal, state, local and international laws and regulations and must NOT (1) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (2) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (3) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (4) violate the proprietary, publicity or privacy rights of others or contain any material that could give rise to civil or criminal liability under applicable laws or regulations; (5) be likely to deceive any person; (6) promote any illegal activity, or advocate, promote or assist any unlawful act; (7) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; or (8) give the impression that it emanates from or is endorsed by Us or any other person, if this is not the case.
We may take any action that We deem appropriate in Our sole discretion with respect to any content, including removal, if We believe or suspect that it violates the Terms, infringes any intellectual property right or any other right of any person, or could expose Us to civil or criminal liability. In addition, We may (1) disclose your identity or other information about you to any third party who claims that content entered, uploaded, transmitted, stored, or processed by you violates their rights; (2) take appropriate legal action, including referral to law enforcement; (3) terminate or suspend your access to all or part of ampsocial™; (4) cancel any payment due to you or your organization; and (5) fully cooperate with any law enforcement authorities or court order. YOU WAIVE AND SHALL HOLD Amp Social Media AND ITS OWNERS, EMPLOYEES, AFFILIATES, LICENSEES AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY INVESTIGATION OR ACTION UNDERTAKEN BY US OR ANY OF THE FOREGOING PARTIES, AGENCIES, OR AUTHORITIES IN CONNECTION WITH A BELIEF OR SUSPICION THAT YOUR CONTENT IS IN VIOLATION THE TERMS OR ILLEGAL.
We cannot and do not undertake to review all content that is uploaded or entered into or transmitted, stored, or processed with ampsocial™. We cannot ensure prompt removal of objectionable content. Accordingly, We shall not be liable or responsible to anyone for the performance or nonperformance of the activities described in this section or any action or inaction regarding content provided by any user or third party. ampsocial™ may include content provided by third parties or other users. We do not warrant and are not responsible or liable to you or any third party for the accuracy, completeness or usefulness of any content presented on or by way of ampsocial™. We have no obligation to update content. The content available on or by way of ampsocial™ is not necessarily complete or up-to-date.
If you believe that ampsocial™ or any content available on or by way of ampsocial™ violates your copyrights, you may request removal of those materials (or access to them) from ampsocial™ by submitting written notification to Our Copyright Agent identified below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (1) your physical or electronic signature; (2) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (3) identification of the material you believe to be infringing in a sufficiently precise manner to allow Us to locate that material; (4) adequate information by which We can contact you (including your name, postal address, telephone number and, if available, e-mail address); (5) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (6) a statement that the information in the written notice is accurate; and (7) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices (“Our Copyright Agent”) is:
Kreis, Enderle, Hudgins & Borsos, P.C.
Attn: Copyright Complaints
40 Pearl St NW, 5th Floor, Grand Rapids, MI 49503-3021
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. If you knowingly materially misrepresent that material or activity on ampsocial™ is infringing your copyright, you may be held liable for damages, including costs and attorneys' fees, under Section 512(f) of the DMCA.
If you believe that material that you uploaded or entered into or transmitted, stored or processed using ampsocial™ was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Us (a “Counter-Notice”) by submitting written notification to Our Copyright Agent. Pursuant to the DMCA, the Counter-Notice must include substantially the following: (1) your physical or electronic signature; (2) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (3) adequate information by which We can contact you (including your name, postal address, telephone number and, if available, e-mail address); (4) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (5) a statement that you will consent to the jurisdiction of the Federal District Court of the judicial district in which your address is located (or if you reside outside the United States, of any judicial district in which Amp Social Media may be found) and that you will accept service from the person (or an agent of that person) who provided Us with the complaint at issue. The DMCA allows Us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on ampsocial™ was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is Our policy in appropriate circumstances to disable and/or terminate the accounts or subscriptions of users who are repeat infringers.
Amp Social Media is not a party to any transaction between you or your organization and any third party, whether or not such transaction is facilitated or enabled by Amp Social Media or by way of ampsocial™ or based on information provided on or by way of ampsocial™. Amp Social Media HEREBY DISCLAIMS ANY WARRANTY WITH RESPECT TO ANY TRANSACTION BY YOU OR YOUR ORGANIZATION AND ANY THIRD PARTY ON OR BY WAY OF ampsocial™, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. You, or your organization if you are acting on behalf of an organization, shall defend, indemnify and hold Us harmless from and against any claim or liability arising in connection with any transaction between you or your organization and any third party.
You may link to ampsocial™, or to websites operated by Amp Social Media in connection therewith, provided that you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part without Our express written consent. You must not bypass or attempt to bypass ampsocial™ user-authentication mechanisms. You must cooperate with Us in causing any unauthorized linking to immediately cease. We reserve the right to withdraw linking consent without notice.
If ampsocial™ links to applications, websites, or other resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access or use third-party resources linked to or accessible by way of ampsocial™, you do so entirely at your own risk and subject to the terms and conditions of use of such resources.
We provide ampsocial™ for use only by persons who have (1) registered with Us as an Influencer or a Brand and (2) accepted the Terms (each, an “Authorized User” and collectively, “Authorized Users”). We make no claims that ampsocial™ or any of its content is accessible, appropriate or legal for persons who are not Authorized Users or who reside outside the United States of America. If you reside or access ampsocial™ from outside the United States of America, your use of ampsocial™ is at your own risk; you are responsible for compliance with local laws and you agree to indemnify Us for all claims, damages, or penalties arising from such use.
We cannot and do not warrant that material available for downloading from the internet or content accessible on or by way of ampsocial™ will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and for accuracy of data input and output, and for maintaining a means external to ampsocial™ for reconstruction of any lost data on your device. We have no responsibility or liability for deletion or failure to store or retrieve any data or other content stored by ampsocial. WE ARE NOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO (1) YOUR USE OF ampsocial™ OR ANY SERVICES OR ITEMS OBTAINED BY WAY OF ampsocial™ OR (2) YOUR DOWNLOADING OF ANY MATERIAL FROM ampsocial™ OR FROM ANY APPLICATION, WEBSITE, OR OTHER RESOURCE LINKED TO IT.
YOUR USE OF ampsocial™ AND SERVICES OR CONTENT OBTAINED BY WAY OF ampsocial™ IS AT YOUR OWN RISK. ampsocial™ AND SERVICES OR CONTENT OBTAINED BY WAY OF ampsocial™ ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. NEITHER Amp Social Media NOR ANY PERSON ASSOCIATED WITH Amp Social Media MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ampsocial™ OR THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR ITS HOST SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ampsocial™ OR SERVICES OR CONTENT OBTAINED BY WAY OF ampsocial™ WILL MEET ANY PARTICULAR NEED OR EXPECTATION. Amp Social Media HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTY OF TITLE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL Amp Social Media, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ampsocial™, ANY APPLICATIONS, WEBSITES, OR OTHER RESOURCES LINKED TO IT, ANY CONTENT ON ampsocial™ OR SUCH OTHER RESOURCES OR ANY SERVICES OR ITEMS OBTAINED BY WAY OF ampsocial™ OR SUCH OTHER RESOURCES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF SUCH INJURY OR LOSS WAS FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Amp Social Media, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your Content, your violation of the Terms, or your use of ampsocial™ or Amp Social Media content, services or products other than as expressly authorized in the Terms.
All matters relating to ampsocial™ and the Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
Any legal suit, action or proceeding arising out of or related to ampsocial™ or the Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan in each case located in the City of Grand Rapids and County of Kent, although We retain the right to bring any suit, action or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ampsocial™ MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Amp Social Media of any provision or condition of the Terms shall be deemed a further or continuing waiver of such provision or condition or a waiver of any other provision or condition, and any failure of Amp Social Media to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited only to the minimum extent possible and shall otherwise continue in full force and effect.
The Terms constitute the sole and entire agreement between you and Us with respect to ampsocial™ and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter of the Terms.
All feedback, comments, requests for technical support, and other communications relating to ampsocial™ should be directed to email@example.com
Thank you for using ampsocial™.